a^^ 



y y V-" ^ 



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SCHOOL LAWS 



OF THE 



State of Washington, 



^P^FENDIX. 



PUBLISHED BY AHTHOEITY 



1890. 



OLYMPIA, WASH: 
O. C. WHITE, STATE PRINTER. 

. 1890.' 



'S)a SCHOOL LAWS 






State of Washington, 




A^I^I^EISTDIX. 



PUBLISHED BY AUTHOEITY. 



1890. 



OLYMPIA, WASH.: 
O. C. WHITE, STATE PRINTER. 
1890. 



l:b 






22329 




INTRODUOTOET. 



This volume contains all the school laws of the State of 
Washington passed by the Legislature of 1889-90, pertaining 
to the common schools of the state, and also the law providing 
for the compulsory education of defective youth, and the nor- 
mal school laws. The laAvs relating to the Reform School, the 
State University and the Agricultural College and School of 
Science were omitted, as not coming within the scope of the 
Superintendent's authority for publishing the school laws. 
Many defects will be found to exist in the common school law 
owing, largely, to the fact that man}^ amendments were made 
to the bill after it had been reported by the Committee and 
had passed the Senate, and to the fact that the time before 

adjournment was very brief. 

R. B. BRYAN, 

Suj^t. of Puhlic Instruction. 



SCHOOL LAWS OF WASHINGTON. 



SCHOOLS AND SCHOOL DISTRICTS. 

An Act to establish a general uniform system of common schools in the 
State of Washington, and declaring an emergency. 

Be it enacted hy the Legislature of the State of Washington: 

TITLE I. — OUTLINE OF SYSTEM. 

Section 1. A system of common schools shall be maintained 
throughout the State of Wasliington. 

Sec. 2. The administration of the common school system shall 
be entrusted to the state superintendent of public instruction, a 
state board of education, county superintendents of common 
schools, boards of directors, and a district clerk for each district. 

title II. SUPERINTENDENT OF PUBLIC INSTRUCTION. 

Sec. 3. The superintendent of public instruction shall be 
elected by the qualified electors of the state, on the first Tuesday 
after the first Monday in November of the years in which state 
officers are elected, and shall hold his ofiice for the term of four 
years, and until his successor is elected and qualified, and his 
powers and duties shall be as hereinafter enumerated: Firsts he 
shall have supervision over all matters pertaining to the com- 
mon schools of the state. He shall receive an annual salary of 
twenty-five hundred dollars, payable quarterly, upon warrant of 
the state auditor drawn upon the state treasurer, in the same 
manner as other state ofiicers are paid. Second, he shall report 
to the governor biennially on or before the first day of Novem- 
ber preceding the regular session of the legislature. The gov- 
ernor shall transmit said report to the legislature, and three 
thousand copies thereof shall l^e printed and delivered to the 
superintendent of public instruction, who shall furnish two cop- 



6 SCHOOL LAWS OF WASHINGTON. 

ies to be deposited in the state library, one copy to eacli county 
superintendent of schools, to be held by him as public property 
and delivered to his successor in office, and one copy to each 
district clerk within the state, for the district library. Said re- 
port shall contain a statement of the general condition of the 
common schools of the state, with full statistical tables, by coun- 
ties, showing the number of schools and the attendance; the 
state and county school fund apportioned, amount received by 
special tax or from other sources, amount expended for salaries of 
teachers, the salaries paid by the several counties to the superin- 
tendent of schools, the amount they are paid for visiting schools, 
and the mileage they draw for same; building and providing 
school houses, the amount of l:)onded or other school indebted- 
ness, with rate of interest paid; a list of the school offi,cers of 
the state, together with such other fact as he may deem of gen- 
eral interest. He shall also include in his report a statement of 
plans for the management and improvement of the schools. 
Tldrd^ he shall prepare and superintend the printing and distri- 
bution to county superintendents of such blanks, forms, regis- 
ters and blank books as may be necessary to the proper discharge 
of the duties of county superintendents, teachers, and all other 
school officers charged ^\nth the administration of the laws re- 
lating to common schools; also the rules and regulations for 
the use and government of the common schools, and the ques- 
tions prepared for the examination of teachers. Fourth, to 
travel in the different counties of the state where common 
schools are taught, as far as possible, without neglecting his 
other official duties as superintendent of public instruction, for 
the purpose of visiting schools, of consulting the county super- 
intendents, and addressing public assemblages on subjects per- 
taining to common schools; also to open such correspondence 
as may enable him to obtain all necessary information relating 
to the system of common schools in other states. He shall 
submit, quarterly, a statement of expenditures for traveling ex- 
penses, which shall be audited by the state auditor, who shall 
issue a warrant on the state treasurer for the payment of such 
amounts as shall be found to have been properly incurred: 



SCHOOL LAWS OF WASHINGTON. 



Provided^ That said expenditures shall not exceed eight hundred 
dollars in any one year: And pi-'ovided further^ That the post- 
age, stationery and other office expenses shall be paid for in the 
same manner as in case of other state officers. Fifths he shall 
cause to be printed, with an appendix of appropriate forms and 
instructions for carrying into execution, the laws relating to 
common schools, and distribute to each county superintendent 
a sufficient number of copies to supply each school and district 
officer, and shall cause the same to be re-printed and distributed 
as often as any change in the laws is made of sufficient import- 
ance, in his opinion, to ju,stify the same. Sixth, he shall be 
ex-offi^cio president of the board of education. Seventh, he shall 
biennially on or l")efore the first day of May following the elec- 
tion of county superintendents, call a convention of county 
superintendents of this state, at such time and place as he may 
deem most convenient, fdr the discussion of questions pertaining 
to the supervision and administration of the school laws, and 
such other subjects affecting the welfare and interests of the 
common schools as may be properly brought before it. Eighth, 
he shall, between the first and tenth days of March and Sep- 
tember of each year, apportion the state common school funds, 
subject to apportionment, among the several counties of the 
state, in proportion to the number of children in each county 
between the ages of five and twenty-one years, as the same 
shall appear by the reports of the several county superintend- 
ents for the school year last closed: Provided, That in case no 
report of the enumeration of any county for the school . year 
last closed has been received, the apportionment shall be made 
on the basis of the number of children in said county as shown 
by the. last census received from said county. He shall certify 
said apportionment to the state auditor, and upon said certifica- 
tion the state auditor shall draw his warrant on the state treas- 
urer in favor of the county treasurer of each county for the 
amount apportioned to said county, and transmit the same to 
the several count}^ treasurers. The superintendent of public 
instruction shall also certify to the county superintendents of 
schools of each county, the amount apportioned to that county. 



SCHOOL LAWS OF WASHINGTON. 



It shall be the duty of the state auditor to notify the superin- 
tendent of public instruction on or before the first day of 
March and September of each year the amount of the state 
common school fund subject to apportionment. Nmth^ he 
shall annually require of the president, manager or principal 
of every seminary, academy and private school, a report of 
such facts arranged in such form as he may prescribe, and he 
shall furnish blanks for such reports, and it is made the duty 
of every such president, manager or principal to fill up and re- 
turn such blanks within such time as the state superintendent 
may direct. 

Sec. 4. The superintendent of public instruction shall have 
his oflice at the capital of the state, where he shall keep all 
books and papers appertaining to the business of his ofiice, and 
shall keep and preserve in his office a, complete record of statis- 
tics and all matters pertaining to the educational interests of 
the state, as well as a record of the meetings of the statfe board 
of education. He shall file all papers, reports and public docu- 
ments transmitted to him by the school officers of the several 
counties of the state each year, separately. Copies of all 
papers filed in his office, and his official acts may be certified b}' 
him and attested by his official seal, and whei\ so certified shall 
be evidence equally and in like manner as the original papers. 
He shall decide all points which may be submitted to him in 
writing by any school officer, teacher or person in this state, on 
appeal from the decision of the county superintendents of schools, 
and his decision shall Ije final unless set aside by a court of 
competent jurisdiction. He shall, at the expiration of his term 
of office, dehver over to his successor all records, books, maps 
and documents, and papers of whatever kind belonging to his 
office, or which may have been received by him for the use of 
his office. 

Sec. 5. The superintendent of public instruction shall lie 
allowed, and is hereby authorized to appoint a clerk for his 
office, whose compensation shall not exceed five hundred dollars 
per annum, to be paid in the manner prescribed for the pay- 
ment of state officers. * 



SCHOOL LAWS OF WASHINGTON. 9 

title' III. BOARD OF EDUCATION. 

Sec. 6. The governor shall appoint, by and with the advice 
and consent of the state senate, four suitable persons, at least 
two of whom shall be selected from those actually engaged in 
teaching in the common schools of this state, who, together with 
the superintendent of public instruction, shall constitute the 
state board of education. The persons appointed shall hold 
their office for two years from the first Monday in March next 
following their appointment, and shall serve until their suc- 
cessors are appointed and qualified: Provided^ That the term 
of office of the first l)oard appointed in accordance with this act 
shall expire on the first Monday in March, 1891. 

Sec. T. The State board of education shall hold an annual 
meeting at the capital" of the state on the first Tuesday in June 
of each year, and may hold such special meetings as deemed 
necessary for the transaction of public business, such special 
meetings to be called l:)y the superintendent of pul)lic instruc- 
tion. The persons appointed as members of the board of edu- 
cation shall be paid for their services at the rate of five dollars 
per diem for the actual number of days' attendance at said 
meetings, and shall be further entitled to actual traveling ex- 
penses in attending said meeting, compensation and traveling 
expenses to be paid I)}'- the state treasurer, on warrant of the 
state auditor, out of funds not otherwise appropriated, upon the 
certificate of the superintendent of pubhc instruction: Provided^ 
That the exj)enses of the whole board shall not exceed the sum 
of one thousand dollars in any one year. 

Sec. 8. The said board shall have power — FivHt^ to adopt or 
re-adopt, at their first regular meeting in June, eighteen hundred 
and ninety, a uniform series of text-books for the use of the 
common schools, including graded common schools, throughout 
the state: Provided^ They can secure an exchange of books 
at any time in use for those of the same grade, or an exchange 
of those of a lower grade for those of the next higher grade, 
without a greater average cost to the people than two-fifths of 
the contract retail price of the l)ooks in use at the time of 
adoption; and enter into contract with the pulilishers for the 



10 SCHOOL LAWS OF WASHINGTON. 



supply of the same, to take effect on the lirst day of the follow- 
ing September; and the books so adopted shall not be changed 
within five years thereafter, milesa the publishers of such adopted 
books shall fail to comply with the terms of the contract. Before 
making any adoption, the superintendent of public instruction 
shall advertise for at least six weeks in such papers or periodi- 
cals of general circalation, as he may determine, that the board 
of education will receive sealed proposals for the supply of text- 
books to the people of the state. Said advertisements shall 
state the day and hour upon which said proposals shall cease 
to be received. It shall, also, name all the kinds of books for 
the supply of which proposals are invited, and be signed by the 
superintendent of public instruction, and that proposals so adver- 
tised for shall state the price at which the books proposed shall 
be exchanged for the ])ooks in use at the time of making such 
proposals, and it shall state the wholesale price which shall be 
maintained in the state, and also the uniform retail price which 
shall be maintained in at least one place in every county in this 
state during the time the books shall continue in use. Said 
proposals shall be marked ' ' Sealed proposals to furnish text- 
books for the common schools of the State of Washing- 
ton,'- and shall be addressed to the superintendent of public 
instruction, and shall not be opened bef6re the hour advertised, 
nor in the presence of less than three members of the board. 
Immediately upon the opening of the bids, they shall be read 
in open board, and adoption of book and award of the con- 
tract shall be made within ten days following. No books shall 
be adopted without a majority vote of the whole board: Pro- 
vided, That the l)oard shall have power to reject any and all 
proposals and to advertise again as before for new proposals, 
which may be considered at a special meeting to be called by 
the superintendent of public instruction, who shall re-advertise 
for proposals as above provided. The publishers awarded the 
contract by the board shall guarantee all the terms of the pro- 
posal on which it is made, by a bond, with two or more suffi- 
cient sureties for faithful performance, which sureties shall be 
citizens of the state, and shall cover such period as the books 



SCHOOL LAWS OF WASHINGTON. 11 

may remain in use; said bond to be approved hy the l)oard and 
the attorney-general. Second, to prepare a course of study for 
the common schools, except graded schools, and to- prescri1)e 
such rules for the general government of the common schools 
as shall secure regularity of attendance, prevent truancy, se- 
cure efficiency, and promote the true interests of the common 
schools. Third, to use a common seal and elect one of their 
own members secretary. He shall keep a correct record of all 
proceedings of the board, and shall tile a certified copy of the 
same in the office of the superintendent of public instruction. 
FoKrrth, to sit as a board of examination at their annual or 
special meetings, and grant state certificates and life diplomas. 
State certificates shall be granted only to such applicants as shall 
file with the board satisfactory evidence that they have taught 
successfully twenty-seven months, at least nine months of which 
have been in the public schools of this state. The applicant 
must also either pass a satisfactory examination in all the 
branches required for first grade county certificates, also peda- 
gogy, plane geometry, geology, natural history, civil government, 
psychology, book-keeping, composition, English literature and 
general history, or file with the board a certified copy of a 
diploma from some state normal school, or of a state or ter- 
ritorial certificate from any state or territory, the requirements 
to obtain which shall not have been less than those required by 
this act. State certificates shall be valid for five years, and may 
be renewed without examination, and shall entitle the holder to 
teach in any common school in the state. They may be re- 
voked at any time for cause deemed sufficient by the board. 
Life diplomas shall be granted to such applicants only as shall 
file with the board satisfactory evidence that they have taught 
successfully for ten years, not less than one of which shall have 
been in the common schools of this state. In other respects 
the requirements shall be the same as those required for state 
certificates; but life diplomas shall l)e valid during the life of 
the holder, unless revoked for cause deemed sufficient by the 
board, and shall entitle the holder to teach in any common 
school in the state. The fee for state certificates shall be three 



12 SCHOOL LAWS OF WASHINGTON. 

dollars, and for life diplomas live dollars. Said fees must be 
deposited with the application, and cannot be refunded to the 
applicant unless the application be withdrawn before it has 
been considered by the board. The fees collected shall be paid 
into the state treasury. Fifths to prepare a uniform series of 
questions to be used by the county boards of examiners in the 
examination of teachers. Any member of said board who shall 
directly or indirectly disclose any questions thus prepared, shall 
be deemed guilty of a misdemeanor, and on conviction thereof, 
shall Ije fined in any sum not less than one hundred nor more 
than five hundred dollars. 

Sec. 9. Whenever any vacancy in the board shall occur, 
whether by death, removal, resignation or otherwise, the gov- 
ernor shall fill the vacancy by appointment. 

TITLE IV. COUNTY SUPERINTENDENTS. 

Sec. 10. A county superintendent of common schools shall 
be elected in each county of the state at each general election, 
whose term of office shall iDegin on the second Monday in 
January next succeeding his election, and continue for two 
years, and until his successor is elected and qualified. He shall 
take the oath oi- affirmation of office, and shall give an official 
bond in a sum to be fixed by the board of county commis- 
sioners. He may, at his own cost, appoint a deputy, who shall 
qualify in the same manner as the county superintendent, and 
perform all the duties of the office, subject, however, to revision 
by the county superintendent. The county commissioners 
of each county shall fill any vacancy that may occur in the 
office of county superintendent until the next general election. 

Sec. 11. Each county superintendent shall have the power, 
and it shall be his duty — Firsts to exercise a careful supervision 
over the schools of his county, and to see that all the provisions 
of this act are observed and followed by teachers and school 
officers. Second^ to visit each school in his county not less than 
one nor more than three times in each year: Provided^ That in 
incoi'porated towns and cities where city superintendents are 
employed, the county superintendent shall be entitled to pay 



SCHOOL LAWS OF WASHINGTON. 13 

for one visit only in eacli year: Provided^ That he shall receive 
mileage in going to and returning from said school for not more 
than two trips annually. Third, to distribute promptly all re- 
ports, laws, forms, circulars and instructions which he may 
receive for the use of the schools and the teachers. Fourth, to 
enforce the course of study adopted by the board of education 
and to enforce the rules and regulations required in the exam- 
ination of teachers. Fifth, to keep on file and preserve in his 
office the biennial report of the superintendent of public in- 
struction. S'irth, to keep in a good and well-bound l)ook, to be 
furnished by the county commissioners, a record of his official 
acts. Seventh, to carefully preserve all reports of school officers 
and teachers, and at the close of his term of office, deliver to 
his successor all records, books, documents and papers belonging 
to the office, taking a receipt for the same, which shall be filed 
in the office of the county auditor. Eighth, to administer oaths 
and affirmations to school directors, teachers and other persons, 
in all official matters connected with or relating to schools, but 
shall not make or collect any charge or fee for so doing. Ninth, 
to keep in a suitable book an official record of all persons ex- 
amined for teachers' certificates, showing the name, age, nation- 
ality, date of the examination and grade of certificate issued. 
He shall also retain, for six months, a list of the questions and 
the written answers to the same, of all applicants, and hold the 
same subject to the order of the superintendent of public in- 
struction, and in case a certificate is refused by the county 
board of examiners, or revoked by the county superintendent, 
the right of appeal to the superintendent of public instruction 
shall not be denied the teacher or applicant: Provided, That 
said appeal be taken within thirty days from the date of the 
notice of such revocation or refusal. Tenth, to make an annual 
report to the superintendent of public instruction on the first 
day of August of each year for the school year ending June 
30th, next preceding. The report shall contain an abstract of 
the reports made to him by the district clerks, and such other 
matters as the superintendent of public instruction shall direct. 
The county superintendent shall retain a copy of said report 



14 SCHOOL LAWS OF WASHINGTON. 



and file the same in his office. Eleventh, to keep in his office a 
full and correct transcript of the boundaries of each school dis- 
trict in the county. In case the boundaries of districts are 
conflicting or incorrectly described, he shall change, harmonize 
and describe them, and make a report of said action to the 
county commissioners, who shall cause said report to be entered 
on their records. The county superintendent shall, on request, 
furnish the district clerks with descriptions of the boundaries of 
their respective districts. Twelfth, to appoint directors and 
district clerks to fill vacancies; to appoint directors and district 
clerks for any new districts: Provided, That when any new dis- 
trict is orsranized, such of the directors and district clerk of the 
old district as reside within the limit of the new one shall be 
directors and district clerk of the new one, and the vacancies in 
the old district shall be filled by appointment. Thirteenth, to 
apportion, on or before the first Monday in January, April, 
July and OctolDer of each year, the county school fund and such 
state common school funds as have been apportioned to his 
county, in the following manner: He shall apportion one-fourth 
of the total amount to be apportioned to each district, in pro- 
portion to the number of teachers employed therein, and shall 
determine the number of teachers by allowing one teacher for 
every seventy school census children and fraction thereof over 
thirty: Provided, That each school district shall be entitled to 
at least one teacher, except that to joint or union districts he 
shall give such proportionate amount as will be just and equit- 
able. The remaining three-fourths to be apportioned to each 
district in proportion to the number of census children as shown 
by the reports of the district clerks for the school year last 
closed. He shall certify the result of the apportionment to the 
county treasurer, and also notify each district clerk of the 
amount apportioned to that district. Fourteenth, to appoint, 
for one year, two persons holding the highest grade certificate 
in his county, and such persons, with the county superintendent, 
shall constitute a board of examiners for the examination of 
teachers. It shall Idc the duty of the county board of examiners 
in all counties havins; one thousand or more children of school 



SCHOOL LAWS OF WASHINGTON. 15 

age to be at the count}^ seat on the second Thursday of the 
months of Fel^ruaiy, May, August and Novemlier of each year 
for the purpose of examining teachers; but in counties having 
less than one thousand children of school age, the county board 
of examiners shall meet the second Thursday of the months of 
May and November for the purpose of examining teachers. 
The superintendent shall give ten days' notice of the same by 
publication in some newspaper of general circulation, published 
in his county, or if there be no newspaper, then by posting up 
hand-bills, or otherwise. Such examination shall be conducted 
according to the rules prescribed by the state board of educa- 
tion, and no other questions shall be used except those furnished 
,by the said board. 

Sec. 12. There shall be three OTades of certihcates — first, 
second and third. Unless revoked for cause, first grade certifi- 
cate shall entitle the holder to teach for three years; second 
grade for two years, and third grade for one year; but the issu- 
ing of more than one third grade certificate to any person shall 
be left to the discretion of the county board of examiners. No 
first grade certificate shall l3e granted until the applicant shall 
have filed with the county superintendent satisfactory written 
evidence of having taught successfully one school year of nine 
months. Boards of examiners may, in their discretion, issue 
certificates without examination to the graduates of the normal 
department of the State University of Washington, or to the 
graduates of any state normal school, or to the holder of a state 
certificate or life diploma from any state or territory. Those 
holding first grade county certificates, and who shall have been 
actually engaged in teaching for three years, shall be eligible to 
examination for state certificates. Any teacher holding a cer- 
tificate in force and effect, granted by any county board of ex- 
aminers in this state, or by a lawful board of examiners in any 
other state, the requirements to obtain which shall not be less 
than that required in this state, shall be entitled to exercise all 
the duties of teacher in any county in this state upon presents 
ing such certificate to the county superintendent of the county 
in which said certificate is desired to be used, whose duty it shall 



16 SCHOOL LAWS OF WASHINGTON. 



be to endorse it, and such certificate shall be in full force and 
effect until the next meeting of the county board of examiners, 
and no longer: Provided^ That the county board may, at their 
discretion, endorse certificates from other counties in this state 
for the unexpired term thereof. All applicants for certificates 
shall be at least seventeen years of age, shall have attended a 
teachers' institute and shall be examined in reading, penman- 
ship, orthography, written and mental arithmetic, geography, 
English grammar, physiology and hygiene, history and constitu- 
tion of the United States, school law and constitution of the State 
of Washington, and the theory and art of teaching; but no per- 
son shall receive a first grade certificate who does not pass a 
satisfactory examination in the additional branches of natural 
philosophy, English literature and algelira. 

Sec. 13. County examiners appointed by the county super- 
intendent shall receive not less than three nor more than five 
dollars per day for the time actually employed in the examina- 
tion of teachers, and in addition thereto, shall receive mileage 
from their homes to the place of meeting of said board and re- 
turn by the most usual route at the rate of ten cents per mile. 

Sec. 14. The county commissioners shall provide the county 
superintendent T\dth a suitable ofiice at the county seat, and all 
necessary blanks, books, stationery, postage and other expenses 
of his office shall be paid by the county treasurer out of the 
county fund upon a statement made quarterly and certified to 
by him, and allowed by the board of county commissioners. 
He shall keep his ofiSce open for the transaction of official busi- 
ness such day's each w^eek as the duties of the ofiice may require, 
and shall keep posted on the door of his office a notice of said 
ofiice days and hours of such days. 

Sec. 15. If the county superintendent fails to make a full and 
correct report to the superintendent of public instruction of all 
statements required by him, he shall forfeit the sum of fifty dol- 
lars from his salary, and the board of county commissioners are 
hereby authorized and required to deduct therefrom the sum 
aforesaid, upon information from the superintendent of public 
instruction that such reports have not been made. 



SCHOOL LAWS OF WASHINGTON . 1 7 

Sec. 16. Any person or board of directors aggrieved by any 
decision or order of the county , .superintendent may, \Yithin 
thirty days after tlie rendition of such a decision or making of 
such order, appeal therefrom to the superintendent of public 
instruction. The basis of the proceeding shall be an affidavit 
by the party aggrieved, filed with the superintendent of public 
instruction within the time for taking the appeal. The affidavit 
shall set forth the errors complained of in a plain and concise 
manner. The superintendent of public instruction shall, within 
live days after the filing of such affidavit in his office, notify the 
county superintendent in writing of the taking of such appeal, 
and the county superintendent shall within ten days after 
being thus notified, file in the office of the superintendent of 
public instruction a complete transcript of the record and pro- 
ceedings relating to the decision complained of, which shall be 
certified to l^e correct by the county superintendent. The 
superintendent of pulilic instruction shall examine the transcript 
of such proceedings and render a decision thereon, but no new 
testimony shall be admitted, and his decision shall be final unless 
set aside by a court of competent jurisdiction. When an appli- 
cant for a certificate at a regular examination shall feel aggrieved 
at the decision of the county board of examiners, and shall ap- 
peal to the superintendent of public instruction, the questions 
used and the answers given shall be examined by him, and if the 
decision of the county l)oard of examiners be reversed, the 
superintendent of public instruction shall instruct the county 
board of examiners to issue to the applicant a certificate of such 
grade as the answer shall warrant: Provided^ That a good moral 
character can be shown by the applicant to the satisfaction of 
the superintendent of public instruction. 

Sec. 17. The county superintendent shall, in addition to the 
salary fixed by law, be allowed three dollars for each school 
visited, and mileage at .the rate of ten cents per mile for each 
mile actually and necessarily traveled in making such visits and 
attending convention of county superintendents, called by the 
superintendent of public instruction, but shall not be allowed to 
charge or collect any fee for the performance of any other duty 



18 SCHOOL LAWS OF WASHINGTON. 

herein named: Provided^ That no constructive mileage shall be 
charged. 

TITLE V. SCHOOL DISTRICTS. 

Sec. 18. The term "school district," as used in this act, is 
declared to mean the territory under the jurisdiction of a single 
school board, designated as "board of directors," and shall be 
organized in form and manner as is hereinafter provided, and 

shall be known as district No. , county: Provided^ 

That all school districts now existing, as shown by the records 
of the county superintendents, are hereby recognized as legally 
organized districts. 

Sec. 19. For the purpose of organizing a new district, a 
petition in wi'iting shall be made to the county superintendent, 
signed by at least live heads of families residing within the 
boundaries of the proposed new district, which petition shall 
describe the boundaries of the proposed new district, and give 
the names of all children of school age residing within the 
boundaries of such proposed new district at the date of present- 
ing said petition. The county superintendent shall give notice 
to parties interested l)y posting notices at least twenty (20) days 
prior to the time appointed by him for considering said petition, 
in at least three of the most public places in the proposed new 
district, and one on the school-house door of each district affected 
l)y the proposed change, or if there be no school-house, then in 
one of the most public places of said old district, and shall on 
the day fixed in the notice, proceed to hear said petition, and if 
he deem it advisable to grant the petition, he shall make an 
order establishing said district and describing the boundaries 
thereof, from which order an appeal may be taken by three 
resident taxpayers of said new district to the board of county 
commissioners, in the same manner that appeals may be taken 
from justices' courts to the superior courts, and their decision 
shall be final. 

Sec. 20. For the purpose of transferring territory from one 
district to another, or enlarging the boundaries of any school 
district, a petition in writing shall be presented to the county 
superintendent, signed by a majority of heads of families resid- 



SCHOOL LAWS OF WASHINGTON. 19 

ing on the territory which it is proposed to transfer or inchide, 
which petition shall describe the change which it is proposed to 
have made. It shall also state the reason for desiring said 
change, and the number of children of school age residing on 
the territory to be transferred. The county superintendent 
shall file said petition in his office, and shall give notice to par- 
ties interested by posting notices at least twenty days prior to 
the time appointed by him for considering said petition, one of 
which shall be in a pubhc place in the territory which it is pro- 
posed to be annexed or transferred, and one on the door of the 
school-house in each district afiected by the change, or if there 
be no school-house in such district, then in some public place in 
such district or districts, and at the time stated in said notices 
he shall proceed to hear said petition, and if he deem it ad- 
visable, he shall grant the same and make an order fixing the 
boundaries, and unless an appeal be taken to the board of county 
commissioners, or upon the decision of said board, he shall cer- 
tify his action to the county commissioners at their next regular 
session, stating the change or changes in boundaries so made, 
and they shall cause such certificate to be entered in their 
records, with the description of said lioundaries. 

Sec. 21. No new district formed by the subdivision of an old 
one shall be entitled to any share of public money belonging to 
the old district until a school has actually been taught one 
month in the new district, and unless within eight months from 
the order of the county superintendent granting such new dis- 
trict a school is opened, the action making a new district shall 
be void, and all elections or appointments of directors or clerks 
made in consequence of such action, and all rights and office of 
parties so elected or appointed shall cease and determine, and 
all taxes which may have been levied in such old district shall 
l)e valid and binding upon the real and personal property of 
new districts, and shall be collected and paid into the school 
fund of the old district. 

Sec. 22. When a new district is formed by the division of 
an old one, it shall be entitled to a just share of the school 
moneys to the credit of the old district after the payment of all 



20 SCHOOL LAWS OF WASHINGTON. 

outstanding debts at the time when school was actually com- 
menced in such new district, and the county superintendent 
shall divide such remaining moneys, and such as may after- 
wards be apportioned to the old district, according to the number 
of school children resident in each district, for which purpose 
he shall order a census to be taken: Provided^ That the new 
district shall be entitled to such portion of any special tax levied 
and collected for the year in which the new district is created, 
as the amount of such tax paid by that portion of the old dis- 
trict which is eml)raced in the new, bears to such old district. 

Sec. 23. No school district shall be entitled to receive any 
apportionment of any school moneys unless the teachers who 
have been employed in the schools of such districts held legal 
certificates of fitness for the occupation of teaching in full force 
and effect. Any district using text-books other than those pre- 
scribed by the 1)oard of education, or any district failing to 
comply Mith the course of study prescribed hy the board of 
education, shall forfeit twenty-five per cent, of their school fund 
for that year, and it is hereby made the duty of the county 
superintendent to deduct said amount from the apportionment 
to ])e made to any district failing in either or both of the above 
named requirements, and the amounts thus deducted shall revert 
tt) the general school funds of the county. 

Sec. 24. No school district shall l)e entitled to receive any 
apportionment of county school moneys which shall not have 
maintained school for at least three months during the preced- 
ing jQ'Ax: Provided^ That any new district formed by the division 
of an old one, shall be entitled to its just share of school moneys 
when the time that school was maintained in the old district be- 
fore division, and in the new one after division, shall be equal 
to at least three months. 

TITLE VI. BOARDS OF DIRECTORS. 

Sec. 25. Directors of school districts shall \)q elected at the 
regular annual school election. At the first annual election in 
all new districts three directors shall be elected, for one, two 
and three years respectively. The ballots shall specify the 
term for which each is to be elected. In all districts in which 



SCHOOL LAWS OF WASHINGTON. 21 



elections have been previously held, one director shall be elected 
for the term of three years, and if any vacancies are to be filled, 
a sufficient number to fill them for the unexpired term or terms, 
and the iDallots shall specify the respective term for which each 
director is to be elected. Directors-elect shall take office im- 
mediately after qualifying, and shall hold their office until their 
successors are elected and qualified. Any director who fails to 
qualify within ten day after his election, shall forfeit all rights 
to his office, and the county superintendent shall fill the office 
by appointment, to hold until the next annual election. Upon 
the death, removal or resignation of any director, the county 
superintendent shall fill such vacancy by appointments, to hold 
office until the next annual election. 

Sec. 26. Every board of directors, unless otherwise specially 
provided by law, shall have power, and it shall be their duty — 
First, to employ, and, for sufficient cause, discharge teachers, 
mechanics or laborers, and to fix, alter, allow and order paid 
their salaries and compensation; second, to enforce the rules and 
regulations prescribed by the superintendent of public instruc- 
. tion and the state board of education for the government of the 
schools, pupils and teachers, and to enforce the course of study 
prescribed by the state board of education; third, to provide 
and pay for school furniture and apparatus, and such other 
articles, materials and supplies as may be necessary for the use 
of the schools; fourth^ to rent, repair, furnish and insure school- 
houses; fifth, to build or remove school-houses, purchase or sell 
lots or other real estate, when directed by a vote of the district 
so to do; sketli, to purchase personal property in the name of 
the district, and to receive, lease and hold for their district any 
real or personal property; seventh, to suspend or expel pupils 
from school, who refuse to obey the rules thereof, and may 
exclude from school all children under six years of age; eighth, 
to provide books for the children of indigent parents on the 
written statement of the parents of such children that they are 
unable to purchase the same; ninth, to require all pupils to be 
furnished with such liooks as may have been adopted by the 
state Iward of education, as a condition to meml)ership in the 



22 SCHOOL LAWS OF WASHINGTON. 

schools; tenths to exclude from school and school libraries all 
books, tracts, papers and other publications of an immoral or 
pernicious tendency, or of a sectarian or partisan character; 
eleventh^ to authorize the school room to be used for summer 
and night schools, literary, scientific, religious, political, mechan- 
ical or agricultural societies with the consent of and under such 
regulations as the board of directors may adopt; twelfth^ to 
require teachers to conform to the provisions of the school law. 

Sec. 27. Any board of directors shall be liable as directors in 
the name of the district for any judgment against the district, 
for any salary due any teacher, and for any debts legally due, 
contracted under the provisions of this act and they shall pay 
such judgment or hability out of the school funds to the credit 
of the district. 

Sec. 28. Any board of directors .shall have power to make 
arrangements with the directors of an adjoining district for the 
attendance of such children in the school of either district as 
ma}^ l)e best accommodated therein, and to transfer the school 
money due by apportionment to such children to the district in 
which they may attend school: Provided^ That in case such 
arrangements are not made, or children from school districts not 
adjoining desire to attend school in their district, they may 
charge reasonable tuition for such attendance, and the moneys 
so collected shall be used in payment of salaries of teachers. 

Sec. 29. Any board of directors shall have the power to make 
such by-laws for their own government, and for the govern- 
ment of the common schools under their' charge, as they deem 
expedient, not inconsistent with the provisions of this act, or 
the instructions of the superintendent of public instruction, or 
the state board of education. A regular meeting of each board 
of directors shall be held on the last Saturday of March, June, 
September and December. They may, however, hold such 
other special or adjourned meetings as they may from time to 
time determine, or as may be specified in their by-laws. 

Sec. 30. The board of directors of each school district shall 
have custody of all school property belonging to the district, and 
shall have power in the name of the district or in their own 



SCHOOL LAWS OF WASHINGTON. 23 



names as directors of the district, to convey by deed all the in- 
terest of their district in or to any school-house or lot directed to 
be sold by vote of the district, and all conveyances of real estate 
made to the district, or to the direc^tors thereof, shall be made to 
the board of directors of the district and to their successors in 
office; said board, in the name of the district, shall have power 
to transact all business necessary for maintaining schools and 
protecting the rights of the district. 

Sec. 31. It shall be unlawful for any director to have any 
pecuniary interest, either directly or indirectly, in anj^ erection 
of school-houses, or for warming, ventilating, furnishing or re- 
pairing the same, or be in any manner connected with the fur- 
nishing of supplies for the maintenance of the schools, or to 
receive or accept any compensation or reward for services ren- 
dered as director. 

Sec. 32. Any person aggrieved by any decision or order of 
the board of directors may, within thirty days after the rendi- 
tion of such decision or making of such order, appeal therefrom 
to the county superintendent of the proper county; the basis of 
such proceedings shall be an affidavit filed by the party aggrieved 
with the county superintendent within the time for taking the 
appeal. The affidavit shall set forth the errors complained of in 
a plain and concise manner. The county superintendent shall, 
mthin five days after the filing of such affidavit in his office, 
notify the clerk of the proper district, in writing, of the taking 
of such appeal, and the latter shall, within ten days after being 
thus notified, file in the office of the county superintendent a 
complete transcript of the record and proceeding relating to the 
decision complained of, which shall be certified to be correct by 
the clerk of the district. After the filing of the transcript afore- 
said in the office, he shall notify, in writing all persons inter- 
ested, of the time and place where the matter of the appeal will 
be heard by him. At the time thus fixed for hearing he shall 
hear testimony for either party, and for that purpose may ad- 
minister oaths if necessary, and he shall make such decision as 
may be just and equitable, which shall be final unless appealed 
from, as provided for in this act. 



24 SCHOOL LAWS OF WASHINGTON. 
TITLE VII. DISTRICT CLERKS. 

Sec. 33. A district clerk shall be elected in each district at 
each annual school election, to hold oiSce for one year, and until 
his successor is elected and qualified. In case of the death, re- 
moval or resignation of the district clerk, the county superin- 
tendent shall fill the vacancy by appointment. 

Sec. 34. The duties of the district clerk shall be as follows: 
Firsts to attend all meetings of the board of directors; but if 
he shall not be present the board of directors shall select one 
of their number to act as clerk, who shall certify the proceed- 
ings of the meeting to the clerk of the district, to be recorded 
by him. He shall keep his records in a book, to be furnished 
by the board of directors, and he shall preserve copies of all 
reports made to the county superintendent, and safely preserve 
and keep all books and documents belonging to his office, and 
shall turn the same over to his successor. Second^ to keep 
accurate and detailed accounts of all receipts and expenditures 
of school money. At each annual school meeting the district 
clerk must present his re;cord book for public inspection, and shall 
make a statement of the financial condition of the district and of 
the action of the directors, and such record must always be open 
for public inspection. Th ird, to take, annually, between the first 
and the twentieth of June of each year, an exact census of all 
children and youth between the ages of five and twenty-one years 
who were bona fide residents of the district upon the first day of 
June of that year: Provided, That Indian children not living 
under the guardianship of white persons, or who have not sev- 
ered their tribal relations, or Mongolian children not native born, 
shall not be included in said census, and shall specify the number 
and sex of such children, and the names. of their guardians or 
parents. He shall also note all defective youth between the 
ages of five and twenty-one years. He shall, under oath, make 
a full report thereof, on blanks furnished for that purpose, to 
the county superintendent on or before the fii%st day of July 
thereafter. He shall also, at the same time, make out and file 
in the ofiice of the county superintendent a report of the affairs 
of his district. Said report shall be made upon blanks fur 



SCHOOL LAWS OF WASHINGTON. 26 



nished by the .superintendent of pul)lie instruction, and contain 
such items of information as said superintendent or the state 
l)oard of education shall require, including the following: The 
number of persons, male and female, in his district between the 
ages of five and twenty -one years; the number of schools, and 
the l^i-anches taught in each; the number of pupils enrolled in 
each school during the year; the number of teachers employed 
in each school, and the compensation of each per month; the 
numl^er of days school was taught during the year then passed, 
and by whom; the number of pupils enrolled during the year, 
and the average daily attendance; the average cost of school per 
month for each pupil, based upon the total enrollment, and also 
the average cost, based upon the average daily attendance. In 
estimating these averages the clerk shall take account of the 
teachers'' salaries and all current expenses, the text-books used 
in each school 1)}^ name, the number of volumes in the library 
in each school, the aggregate amount paid teachers during the 
year, the number of school-houses and the estimated value of 
each, the amount raised by tax in the district during the year for 
the support of schools, and for buildings, sites and fiu'niture, the 
amount raised by subscription or by other means than tax, the 
amount of bonded indebtedness of the district and the rate of 
interest paid; also such other items as he may deem of import- 
ance and as may lie required by the blanks furnished for said 
report, and record a copy of all reports in his record book. 
Fovrth^ to keep an accurate account of all the expenses incurred 
by him in his district in keeping the school-house in repair,^ in 
providing for necessary janitor work, and in providing school 
supplies, and for other expenses incurred by him on account of 
the school, which accounts must be audited by the lioard of 
directors and paid out of the district school fund. Fifth, to 
give the required notice of all annual or special elections; also, 
to ffive notice of the regular and special meetings of the board 
of directors as herein authorized. SixtJi, to report to the county 
superintendent at the beginning of each term of school, the name 
of the teacher and the proposed length of the term, and to sup- 



26 SCHOOL LAWS OF WASHINGTON. 

ply the teacher with the school regLster famished by the super- 
intendent of public instruction. 

Sec. 35. The district clerk shall be paid three dollars per day 
for time actually and necessarily spent in taking the census, to 
be determined and paid by the directors out of the funds of the 
district. He shall receive such other compensation for other 
services as may be allowed l)y the board of directors. 

Sec. 36. In case the district clerk fails to make the reports 
herein provided, at the proper time, he shall forfeit and pay to 
the district the sum of twenty-five dollars for each and every 
such failure. He shall also be liable if, through such nesrlect, 
the district fails to receive its just apportionment of school 
moneys, for the full amount so lost, to be recovered in a suit 
brought ])y any citizen of such district, in the name of and for 
the benefit of such district. 

TITLE VIII. TEACHERS. 

Sec. 37. No person shall be accounted as a qualified teacher, 
within the meaning of the school law, who has not first appeared 
before the lioard of examiners of the county in which he pro- 
poses to teach and received a certificate setting forth his quali- 
fications; or has not a state certificate or a life diploma from the 
state board of education, or a certificate from some other county 
or state, endorsed by the county superintendent. 

Sec. 38. Every teacher employed in any common school shall 
make a report to the county superintendent at the time of the 
contract to teach such school, the number of the district in which 
he* is to teach, the grade of his certificate, date it expires, and the 
proposed length of term, and at the close of any school to report 
to the county superintendent on the blanks prescribed by the 
superintendent of public instruction. Any teacher who shall be 
teaching at the close of the school year, shall make a report to 
the county superintendent immediately upon the close of such 
school year. Copies of all reports made by teachers shall be 
furnished to the clerk of the district, to be by him filed in his 
office. No board of directors shall draw any order or warrant 
for the salarv of any teacher for the last month of his service 



SCHOOL LAWS OF WASHINGTON. 27 



until the reports herein required shall have been made and re- 
ceived: Provided^ That in all schools acting under the direction 
of a city superintendent, the report of such superintendent shall 
be accepted by the county superintendent and the directors in 
lieu of the teachers' report; and that when there is no city su- 
perintendent, the report of the principal shall be accepted in lieu 
of the teachers' report. 

Sec. 39. Every teacher shall keep a school register in the 
manner provided for, and no board of directors shall draw any 
wai'rant for the salary of any teacher for the last month of his 
service in the school, at the end of any term or year, until they 
shall have received a certificate from the district clerk that the 
said register has been properl}^ kept, the summaries made and 
the statistics entered, or until, l)y personal examination, they 
shall have satisfied themselves that it has been done. Teachers 
shall faithfully enforce in the school the course of study and 
regulations prescribed, and if any teacher shall w^ilfully refuse 
or neglect to comply with such regulations, then the board of 
directors shall be authorized to withhold any warrant for salaries 
due until such teacher shall comply therewith. No teacher shall 
be employed except by written order of a majority of directors, 
at a I'egular or special meeting thereof, nor unless the holder of 
a leo;al teachers' certificate in full force and efiect. 

Sec. 40. In every contract between any teacher and board of 
dii-ectors, a school month shall be construed to be twenty school 
days, or four weeks of five days each, and no teacher shall be 
required to teach school on Saturdays or any legal holiday, and 
no deduction from the teacher's time or salary shall Ije made b}^ 
reason of the fact that a school day happens to be one of the days 
referred to in this section as a day on which school shall not be 
taught. 

Sec. 41. Every teacher shall have power to hold every pupil 
to a strict accountability in school for any disorderly conduct on 
the way to or from school, or on the grounds of the school, or 
durino- the intermission or recess; to suspend from school any 
pupil for good cause: Provided^ That such suspension shall be 
reported to the directors as soon as practicable for their decision. 



28 SCHOOL LAWS OF WASHINGTON. 

Sec. 42. It shall be the duty of all teachers to endeavor to 
impress on the minds of their pupils the principles of morality, 
truth, justice, temperance and patriotism; to teach them to avoid 
idleness, profanity and falsehood; to instruct them in the prin- 
ciples of free government, and to train them up to the true 
comprehension of the rights, dut}^ and dignity of American 
citizenship. 

Sec. 43. Any teacher who shall maltreat or abuse any pupil 
by administering any undue or severe punishment, or inflict 
punishment on the head or face, shall be deemed guilty of a 
misdemeanor, and upon conviction thereof before any court of 
competent jurisdiction, shall be fined in any sum not exceeding 
one hundred dollars. 

TITLE IX. SCHOOLS. 

Sec. 44. A common school is hereby defined to be a school 
that is maintained at the public expense in each school district 
and under the supervision of boards of cUrectors. Every 
common school, not otherwise provided for by law, shall be 
open to the admission of all children between the ages of six 
and twenty-one ^ears residing in that school district, and the 
l)oard of directors shall have the power to admit adults and 
children not residing in the district, as hereinbefore provided, 
and to fix the terms of such admission as hereinbefore provided. 

Sec. 45. All common schools shall be taught in the English 
language, and instruction shall be given in the following branches, 
viz.: Reading, penmansliip, orthography, written arithmetic, 
mental arithmetic, geography, English grammar, physiology 
and hygiene, with special reference to the efi'ects of alcoholic 
stimulants and narcotics on the human system, history of the 
United States, and such other studies as may be prescribed by 
the board of education. Attention must be gi^en during the 
entire course to the cultivation of manners, to the laws of health, 
physical exercise, ventilation and temperature of the school 
room. 

Sec. 46. The school day shall he six hours in length, exclusive 
of any intermission at noon, l)ut any lioard of directors may 
fix as the school day a less number of hours than six: Provided^ 



SCHOOL LAWS OF WASHINGTON. 29 

That it be not less than four hours for primary schools under 
their charge, and any teacher may dismiss any or all scholars 
under eight years of age, after an attendance of four hours, 
exclusive of an intermission at noon. 

Sec. 47. No teacher or scholar shall be permitted to attend 
school from any house in which small-pox, varioloid, scarlet 
fever, diphtheria, or any other contagious or loathsome disease 
is prevalent. No teacher or scholar shall be permitted to return 
to school from any house where the above mentioned diseases, 
or any form of them, has prevailed, antil three weeks shall have 
elapsed from the beginning of convalescence of the patient. ^ In 
case several individuals have been affected with such disease 
within the same house, the period of the time must be reckoned 
■ from beginning of convalescence of the last case. 

Sec. 48. All pupils who may attend common schools shall 
comply with the regulations established in pursuance of the law 
for the government of the schools, shall pursue the required 
course of studies, and shall submit to the authority of the teach- 
ers of such school. Continued and wilfull disobedience and 
open defiance of authority of the teacher shall constitute good 
cause for expulsion from school. Any pupil who shall' in any 
way, cut, deface or otherwise injure any school-house, furniture, 
fence or outbuilding thereof, or any book belonging to other 
pu]:)ils, or any liooks belonging to the district library, shall be 
liable to suspension and punishment, and the parent or guardian 
of such pupil shall be liable f(n^ damage on complaint of the 
teacher or any director, and upon proof of the same. 

Sec. 49. The school year shall l)egin on the first day of July 
and end on the last d^iy of June. 

TITLE X. SUPPORT OF SCHOOLS. 

Sec. 50. The principal of the state school fund shall remain 
irreducible and permanent. The said fund shall be derived 
from the folio vvdng sources, to wit: Appropriations and dona- 
tions by the state to this fund; donations and l)equests by indi- 
viduals to the state or common schools; the proceeds of land 
and other property which revert to the state by escheat and 
forfeiture; the proceeds of all property granted to the state, 



30 SCHOOL LAWS OP^ WASHINGTON. 



when the purpose of the grant is not specified or is uncertain; 
funds accumulated in tlie treasury of tlie state for the disburse- 
ment of which provision has not been made by law; the pro- 
ceeds of the sale of timber, stone, minerals or other property 
from school and state lands other than those granted for specific 
purposes, and all moneys other than rental recovered from per- 
sons trespassing on said lands; five per centum of the proceeds 
of the sale of public lands lying within the state, which shall be 
sold l)y the United States subsequent to the admission of tlie 
state into the Union as approved by section fifteen (16) of the 
act ,of congress enabling the admission of the state into the 
Union; the principal of all funds arising from tlie sale of lands 
and other property which have l)een and hereafter may be 
granted to the state for the support of common schools, and 
such other funds as may be provided by legislative enactment. 

Sec. 51. The interest accruing on said fund, together with 
rentals and other revenues derived therefrom from lands and 
other property" devoted to the common school fund, shall be ex- 
clusively applied to the current use of the common school. All 
schools maintained or supported wholly or in part by the public 
funds shall be forever free from sectarian control or influence. 
All losses to the permanent common school fund which shall be 
occasioned by defalcation, mismanagement or fraud of the agent 
or officers controlling or managing the same, shall be audited by 
the proper authorities of the state. The amount so audited 
shall be a permanent funded debt against the state in favor of 
the particular fund sustaining such loss, upon which not less 
than six per cent, annual interest shall be paid. 

Sec. 52. In addition to the provisions for the support of the 
common schools hereinbefore provided, it shall be the duty of 
the county commissioners of each county in the state to levy an 
annual tax, which levy shall be made at the time and in the man- 
ner provided by law for the levying of taxes for county purposes, 
and said levy shall not be less than four mills on a dollar, and 
not more than than ten mills on a dollar of the assessed value of 
all taxable property, real and personal, within the county; 
which tax shall be collected by the county treasurer at the same 



SCHOOL LAWS OF WASHINGTON. 31 



time and in the same manner as state and county taxes are 
collected. For the support of the common schools there shall 
also be set apart by the county treasurer all moneys paid into 
the county treasury, arising from fines for breach of. any law 
regulatino- license for the sale of intoxicating liquors, or for 
keeping of bowling alleys or billiard saloons, or of an}'^ penal 
law of the state. 

TITLE XI. SPECIAL TAXES. 

kSEC. 53. The l)oard of directors of any district may, at any 
time when in their judgment it is advisable, submit to the quali- 
fied school electors of the district the question whether a tax not 
to exceed ten mills on each dollar on the taxable property in the 
district shall be levied to furnish additional school facilities for 
said district, or for building one or more school-houses, or for 
removing or building additions to one already built, or for the 
purchase of supplies, globe, maps, charts, books of reference 
and other appliances or apparatus for teaching or for any or all 
of these purposes. Such election shall be called and conducted, 
as nearly as practicable, according to the provisions herein made 
for holding annual school elections. At such elections the bal- 
lot shall contain the words, ''Tax, yes;" or "Tax, no.'' If a 
majority of votes cast are "Tax, yes," the officers of the elec- 
tion shall certify the fact to the district clerk, who shall proceed 
at once to copy from the assessment roll of the county the list 
of persons and property liable to taxation situated in or owned 
by residents of the district, and shall certify to the correctness 
of the list and attach to said list the certification of the election 
lioard, showing the result of the election and the rate of tax 
levied, and deliver the same to the county auditor on or before 
the first day of October of the year in which said special tax is 
levied. The county auditor shall extend the same upon the gen- 
eral assessment roll of the county, showing the amount and kind 
of property so assessed, and certify the same to the county treas- 
urer. The county treasurer shall proceed to collect the tax in 
the same manner, and at the same time, and with the same 
power and authority to enforce payment of the same as in the 
case of county and state taxes. The county treasurer shall 



32 SCHOOL LAWS OF WASHINGTON. 



place any tax so collected to the credit of the district to which 
it belongs. 

TITLE XII. ELECTIONS. 

Sec. 54. The election of directors and district clerks shall be 
held on the first Saturday of Novemljer of each year, at the dis- 
trict school-house, if there be one, or if there he none, or if there 
be more than one, then at a place to be designated by the board 
of directors. 

Sec. 55. The district clerk must at least give ten days' notice 
of such election, by posting, or by causing to be posted, written 
or printed notices thereof in at least three public places in the 
district, one of which must be the place of holding the election. 
Said notice must designate the place of holding the election, day 
of holding the election, hours between which polls are to be 
kept open, names of offices for ^vhich persons are to be elected, 
and terms of office, with a statement of any other questions 
which the board of directors may desire to submit to the ^lectors 
of said district. Notices must be signed by the district clerk 
'"By order of the board of directors.'" Unless otherwise 
designated in the notice of election, the polls shall be open at 
one o'clock in the afternoon and close at four o'clock in the 
afternoon, but the board of directors may, previous to giving 
notice of election, determine on a longer time during which the 
polls shall be Ivcpt open: Provided, That in no case shall the 
polls be opened l:)efore niir^" o'clock in the forenoon nor kept 
open hxter than eight o'clock in the afternoon. In no case shall 
the polls be opened before the hour named in the notice, nor 
kept open after the hour fixed for closing the polls, but if there 
is not a sufficient number of electors present at the hour named 
for opening the polls to constitute a board of election, it shall be 
lawful to open the polls as soon thereafter as a sufficient number 
of electors is present: Provided, That in cities and incorporated 
towns the polls shall open not later than one o'clock p. m. and 
close not earlier than eight o'clock p. m. 

Sec. 56. At the hour fixed for opening the polls the electors 
present shall select two electors to act as judges of the election, 
and one elector to act as clerk of the election, and the three 



SCHOOL LAWS OF WASHINGTON. 33 

selected shall constitute the election board, and no election shall 
be held unless a sufficient number of electors is present to con- 
stitute the board. The judges and clerk aforesaid shall, before 
entering upon the duties of their office, severally . take and 
subscribe an oath or affirmation faithfully to discharge the duties 
as such officers of the election, said oath or affirmation to be 
administered by any school officer or other person authorized to 
administer oaths. The judges shall, before they commence re- 
ceiving ballots, cause to be proclaimed aloud at the place of 
voting that the polls are now open. 

Sec. 57. The voting shall l^e by ballot. The ballots shall be 
a paper ticket, containing the names of the persons for whom 
the electors intend to vote, and designating the office to which 
such person so named is intended by him to be chosen. When- 
ever any person offers to vote, one of the judges shall pronounce 
his name in an audil)le voice, and if there be no objections to 
the qualification to such person as an elector, he shall receive 
the ballot in the presence of the election Iward and deposit the 
same, without being opened or examined, in the ballot-box, and 
the clerk shall inmiediately enter the name upon the list headed 
' ' Names of voters. ' ' 

Sec. 58. Every person, male or female, over the age of 
twenty-one years, who shall have resided in the school district 
for thirty days immediately preceding any school election, and 
in the state one year, and is otherwise, except as to sex, quahfied 
to vote at any general election, shall be a legal voter of any 
school election, and no other person shall be allowed to vote. 
Persons offering to vote may be challenged by any legally quali- 
fied school elector of the district, and one of the judges of election 
shall thereupon administer to the person challenged an oath, in 
substance as follows: ''You do swear (or affirm) that you are a 
citizen of the United States, or have declared your intention to 
become such; that yoii are twenty- one years of age, according 
to your information and belief, and that you have resided in this 
district thirty days next preceding this election, and in the State 
one year, and that you have not voted before on this day. ' ' If 
—3 



34 SCHOOL LAWS OF WASHINGTON. 

he shall refuse to take the oath, his vote shall be rejected. Any 
person guilty of illegal voting shall be punished as provided in 
the general election laws of the state. 

Sec. 59. . When the polls are closed, proclamation thereof 
shall be made at the place of voting, and no vote shall afterward 
be received. As soon as the polls are closed, the judges shall 
open the ballot-box and commence counting the votes, and in no 
case shall the box be removed from the room in which the elec- 
tion is held until all the votes are counted. The counting shall 
be in public. The ballots shall be taken out one by one, by one 
of the judges, who shall open them and read aloud the name of 
each person contained therein, and the office for which such 
person was voted for. The clerk shall write down each office to 
be filled and the name of each person voted for such office, and 
shall keep the numlier of votes by tallies as they are read aloud 
by one of the judges. The counting of the votes shall continue 
Avithout adjournment until all the votes are counted. No ticket 
shall be rejected on account of form or mistake in the initials of 
names, if the judges can determine to their satisfaction the 
person voted for and the office intended. 

Sec. 60. Persons having the highest number of votes given 
for each office shall l^e declared duly elected, and the clerk of 
election shall immediately make out and deliver to each person 
so elected a certificate of election. The clerk of election shall 
also make out a certificate showing the persons elected to each 
office at such election, with oath of office of persons elected 
attached, and mail such certificate to the county superintendent 
of schools of the county in which the election is held. If two 
persons have an equal and highest number of votes for one and 
the same office, they shall, within ten days after the election, 
appear before the clerk of election of said district and publicly 
decide by lot which of the persons so having an equal number of 
votes shall be declared elected, and the clerk of election shall 
make out and deliver to the person thus declared elected a cer- 
tificate of his election and notify the county superintendent of 
the county as before provided. If the persons above named do 



SCHOOL LAWS OF WASHINGTON. 35 

not, within ten days after election, thus decide, the office shall 
be declared vacant, and the county superintendent shall, when 
notified of the vacancy, fill the same by appointment. 

TITLE XIII. UNION SCHOOLS. 

Sec. 61. Whenever the residents of two or more school dis- 
tricts may wish to unite for the purpose of establishing a graded 
school, the clerks of said districts shall upon a written applica- 
tion of five heads of families of their respective districts, call a 
meeting of the voters of such district at some convenient place 
by posting up written or printed notices in like manner as pro- 
vided for calling district election, and if a majority of the voters 
of each district shall vote to unite for the purpose herein stated, 
they shall, at their meeting, or any adjourned meeting, elect 
three directors and a clerk for such union district. 

Sec. 62. The board of directors and clerk provided for in the 
preceding section shall, in all matters relating to graded schools, 
possess all the power, discharge all the duties, and be governed 
by the laws herein provided for district directors, and they shall 
be elected in the same manner as provided in the preceding sec- 
tion. 

Sec. 63. The union district thus formed shall be entitled to 
an equitable share of the school fund, to be apportioned in ac- 
cordance to section 11, clause thirteen (13), of this act. 

TITLE XIV.— GRADED SCHOOLS IN INCORPORATED CITIES AND 

TOWNS. 

Sec. 64. Each incorporated city or town in this state shall 
be comprised in one district and under one board of school 
directors, and in all such cities or towns where the enumeration 
of school children entitled to draw school money is three hun- 
dred or more, the directors shall be required to adopt the 
oTaded svstem of teaching in their schools: Provided. That 
nothing in this section shall be so construed as to prevent the 
extension of such city or town districts a reasonable distance 
outside the limits of such incorporated city or town: And pro- 
vided further. That the schools of such cities and towns may be 



36 SCHOOL LAWS OF WASHINGTON. 

graded in such manner as the directors thereof may deem best 
suited to the wants of such districts. 

Sec. 65. The directors of incorporated city or town districts 
may, in their discretion, elect one city or town school superin- 
tendent in each district, who may be a teacher of the district, 
and who shall have the control or management of all the schools 
in his district, subject to the concurrence of the board of di- 
rectors. 

Sec. 66. When tv\^o or more districts in any town or city are 
united by the provisions of this act, all the directors of the dis- 
tricts so united shall act as directors of the said new district, 
and shall have all the powers and authority conferred by the 
laws of this state upon school directors, and they may designate 
the person to act as clerk of said district until the next annual 
school meeting in said district, at which time there shall be 
three directors and one clerk elected for said district, in the 
manner pi-ovided by law, who shall hold their respective offices 
as provided for officers of new districts. 

Sec. 67. Districts thus formed shall be entitled to their full 
share of common school moneys. 

Sec. 68. Directors failing to organize their districts as herein 
})ro^nded within one hundred and twenty days after the incor- 
poration of such cities or towns, as herein provided, shall be 
deemed guilty of a misdemeanor, and fined in a sum not ex- 
ceeding five hundred dollars: Provided^ That they are supplied 
with sufficient money to organize the same. 

TITLE XV. SCHOOL OFFICERS. 

Sec. 69. When any school officer is superseded, by election 
or otherwise, he shall immediately deliver to his successor in 
office all books, papers and mone3's pertaining to his office, and 
every officer who shall refuse to do so, or who shall wilfully 
mutilate or destroy any such books or papers, or any part 
thereof, or who shall misapply moneys entrusted to him by 
virtue of his office shall be deemed guilt}' of a misdemeanor, 
and shall, upon conviction thereof, be punished by a fine not to 
exceed one hundred dollars. 



SCHOOL LAWS OF WASHINGTON. 



Sec. 70. Every person elected or appointed to any office 
mentioned in this act shall, before entering upon the discharge 
of the duties thereof, take an oath or affirmation to support the 
constitution of the United States and of the State of Washing- 
ton, and to promote the interest of education, and faithfully 
discharge the duties of his office according to the best of his 
ability. In case any officer has a written appointment or com- 
mission, liis oath or affirmation shall be endorsed thereon and 
sworn to l^efore any officer authorized to administer oaths. 
School officers are hereby authorized to administer all oaths 
or affirmations appertaining to their respective offices without 
charge or fee. 

TITLE XVI. COUNTY TREASURER. 

Sec. 71. It shall be the duty of the county treasurer of any 
county — First, to receive and hold all school moneys as a 
special deposit and keep separate accounts of their disburse- 
ments to the school districts which shall be entitled to receive 
the same, according to the apportionment of the county super-' 
intendent of common schools; second, to notify the county su- 
perintendent of common schools of the amount of county school 
fund in the county treasury at the time fixed for making the 
apportionment, and to inform such superintendent of the amount 
of school money belonging to any other fund subject to appor- 
tionment; tkird, to pay the amount of common school tax 
levied and such other moneys paid into the school fund on the 
warrant of the directors whenever such warrants are counter- 
signed by the district clerk and properly endorsed by the holder; 
fourth, to make, annually, on the 30th day of June of each 
year, to the county superintendent of common schools, a finan- 
cial report showing the amount of money on hand at the begin- 
ning of the school year, the amount expended during the year 
and the sum to the credit of the school districts at the close of 
the school year, on such blanks as may be furnished by the 
superintendent of public instruction. 



38 SCHOOL LAWS OF WASHINGTON. 
TITLE XVII. teachers' INSTITUTE. 

Sec. 72, Whenever the number of school districts in any 
county is twenty-five or more, the county superintendent must 
hold a teachers' institute each year, and every teacher employed 
in a common school in the county must attend such institute 
during its whole time. 

Sec. 73. In any county where there are less than twenty-five 
school districts, the county superintendent may, in his discretion 
hold an institute. 

Sec. 74. Each session of the institute must continue not less 
than three days. 

Sec. 75. When the institute is held during the time the teach- 
ers are employed in teaching, their pay shall not be diminished 
by reason of their attendance when certified to by the county 
superintendent. 

Sec. 76. The county superintendent must keep an accurate 
account of the actual expenses of the institute, with vouchers for 
the same, and present the bill to the county commissioners, who 
shall allow the same: Provided^ That such amount shall not 
exceed the sum of two hundred dollars for any year. 

Sec. 77. Any teacher failing to attend the institute in the 
county in which he holds a certificate to teach, unless on account 
of sickness, or for other good and sufiicient reasons, shall be 
deemed to have forfeited his certificate. 

MISCELLANEOUS. 

Sec. 78. Whenever the word he or his occurs in this act, re- 
ferring to either the members of the board of education, county 
superintendents, city superintendents, teachers, or other school 
officers, it shall be understood to mean also she or her. 

Sec. 79. Any series of text-books adopted by the board of 
education shall remain in use not less than five years. 

Sec. 80. All school districts in the state shall maintain school 
during at least three months each year. All graded school dis- 
tricts in incorporated cities and towns shall maintain school at 
least six months each school vear, an4 no district which has 



SCHOOL LAWS OF WASHINGTON. 39 



been organized more than one year shall receive any portion of 
the school fund which has not, during the preceding school year, 
complied with the provisions of this section. 

Sec. 81. All parents, guardians and other persons in this 
state having, or who may hereafter have, immediate custody of 
any child or children between the ages of eight and fifteen years, 
shall send the same to school at least three months in each year 
said child or children may remain under their supervision. 

Sec. 82. Any person mentioned in the preceding sections 
who shall fail or refuse to comply with the provisions of said 
sections shall be deemed guilty of a misdemeanor, and upon 
conviction thereof, shall be fined in any sum not less than ten 
(10) dollars or more than twenty-five (25) dollars, and the fine so 
collected shall be paid into the school fund of the district. 

Sec. 83. District clerks shall report to the superior judge 
before the first day of December of each year the name and resi- 
dence of every orphan child that failed to atl^jend school, and the 
superior judge shall have power to remove such child and place 
it in the care of some other person who will b.e likely to send 
such child to school. 

Sec. 84. Nothing in this act shall be construed to invalidate 
life diplomas or territorial certificates granted under the laws of 
the Territory of Washington, but the same shall continue in 
effect the same as life diplomas and state certificates granted 
under the provisions of this act, and all county certificates here- 
tofore granted by any county board of examiners shall continue 
in full force and effect until the expiration thereof, and any 
contract made in good faith by any teacher, school oflicer, or 
other person under the provisions of the territorial school law is 
hereby recognized as a valid contract the same as if made under 
the provisions of this act. 

Sec. 85. Specialists in music, languages, drawing, and paint- 
ing shall not be required to pass a regular teachers' examination: 
Provided^ That satisfactory evidence of fitness to teach these 
branches is furnished to the board of directors. 

Sec. 86. An}- parent, guardian or other person who shall 



40 SCHOOL LAWS OF WASHINGTON. 

insult or abuse a teacher in the presence of the school, or an}'^- 
where on school grounds or premises, shall be deemed guilty of 
a. misdemeanor and liable to a fine of not less than ten dollars 
nor more than one hundred dollars. 

Seg. 87. Any person who shall wilfully disturb any school or 
school meeting shall be deemed guilty of a misdemeanor, and 
upon conviction, be fined in any sum not less than fifty dollars. 

Sec. 88. It shall be the duty of the county auditor to notify 
the superintendent of public instruction of the election of the 
county superintendent, or of his appointment to fill a vacancy, 
at the time said election or appointment is ascertained. 

Sec. 89. All fines, penalties and forfeitures provided by this 
act may be recovered by action of debt, in the name of the peo- 
ple of the State of Washington, for the use of the proper school 
district or county, and shall, when they accrue, belong to the 
respective districts or counties in which the same may have been 
incurred ; and th^ county treasurers for their counties are hereby 
authorized to receive and cause to be placed to the proper credit 
such forfeiture's. Except as othei'wise provided by law, all sums 
of money derived from fines imposed for violations of orders of 
injunction, mandamus, and other like writs, or for contempt of 
court, shall he paid into the school fund of the county wherein 
the contempt or such violation was committed, and the clear pro- 
ceeds of all fines collected within the several counties of the state 
for breach of the penal laws, and all funds arising from the sale 
of lost goods and estrays shall be paid over in cash by the per- 
son collecting the same, within twenty days after the collection, 
to the county treasurer of the county in which the same have 
accrued, and shall be by him credited to the general county 
school fund. He shall indicate in such entry the source from 
which such money was derived. Any officer or person collecting 
or receiving any such fines, forfeitures or other moneys, and re- 
fusing or failing to pay over the same, as required by law, shall 
forfeit double the amount so ^dthheld,'^and interest thereon at 
the rate of five per cent, per month during the time of so with- 
holding the same; and it shall.be a special duty of the county 



SCHOOL LAWS OF WASHINGTON. 41 

superintendent of schools to supervise and see that the provisions 
of this section are fully complied with, and report thereon to the 
county commissioners semi-annually, or oftener. 

Sec. 90. Upon complaint in w^riting being made to any county 
superintendent by any district clerk, or by any head of family, 
that the board of directors of the district of which said clerk 
shall hold his office, or said head of family shall reside, have 
failed to make provision for the teaching of hygiene, with special 
reference to the efiects of alcoholic drink, stimulants and nar- 
cotics upon the human system, as provided in this act, in the 
common schools of such district, it shall be the duty of such 
county superintendent to at once investigate the matter of such 
complaints, and if found to be true, he shall immediately notify 
the county treasurer of the county in which such school district 
is located, and after the receipt of such notice, it shall be the 
duty of such county treasurer to refuse to pay any warrants 
drawn upon him by the board of directors of such district sub- 
sequent to the date of such notice, and until he shall be notified 
to do so by such country superintendent. Whenever it shall be 
made to appear to the said county superintendent, and he shall 
be satisfied that the board of directors of such district are com- 
plying with the provisions of said section of this act, and are 
causing physiology and hygiene to be taught in the public 
schools of such district, as hereinbefore provided, he shall notify 
said county treasurer, and said treasurer shall thereupon honor 
the warrants of said board of directors. 

Sec. 91. Any county superintendent of common schools who 
shall fail or refuse to comply with the pro^dsions of the preceding- 
section shall be liable to a penalty of one hundred dollars, to be 
recovered in a civil action in the name of the state in any court 
of competent jurisdiction, and the sum recovered shall go into 
the common school fund of the county in which suit is brought; 
and it shall be the duty of the prosecuting attorneys of the sev- 
eral counties of the state to see that the provisions of this section 
are enforced. 

Sec. 92. All acts and parts of acts upon any subject matter 



42 ■ SCHOOL 1.AWS OF WASHINGTON. 



contained in this act sliall be and the same are hereby repealed: 
Providing^ That nothing herein contained shall repeal or in any 
wise affect any law passed, or which may be passed, during the 
present session of the legislature, relating to schools in cities 
having a population of ten thousand or upwards. 

Sec. 93. Whereas, many new conditions exist with regard to 
the common schools of the state, and the appointment and con- 
firmation of the members of the board of education, and the first 
meeting of said board requires the immediate taking effect of 
this act; therefore, an emergency is declared to exist, and this 
act shall take effect and lie in force from and after its passage 
and approval by the governor. 

Approved March 27, 1890. 



SCHOOLS IN CITIES OF MORE THAN TEN THOU- 
SAND INHABITANTS. 

An Act to establish a system of common schools in cities of ten thousand 
or more inhabitants, and to provide for properly maintaining, govern- 
ing and grading the same. 

Be it enacted hy the Legidatiire of the State of Washington: 

Section 1. Whenever any incorporated city in this state shall 
have a population of ten thousand or more inhabitants, as shown 
by any regular or special census, together with any adjacent or 
contiguous territory that now is or may be hereafter attached to 
said city for school purposes, it shall constitute one school dis- 
trict, and be known by the name ' ' [name of city] school 

district No. — ■" in county, State of Washington, and the 

board of directors shall constitute the city board of education, 
and as such in that name shall be a body corporate and possess 



SCHOOL LAWS OF WASHINGTON. 43 



all the usual powers of a corporation for public purposes, and in 
that name and style may sue and be sued, purchase, hold and 
sell such personal and real estate, and enter into such obligations 
as are authorized by law, and the title to all school buildings or 
other property real or personal, owned bj^ any school district 
within the corporate limits of any cit}^ shall, upon the organiza- 
tion of a district under the provisions of this act, vest immedi- 
ately in the new district; and the board of directors by this act 
provided shall have exclusive control of the same for all the pur- 
poses herein contemplated. 

Sec. 2. The said board of education shall consist of five mem- 
bers, who shall be elected by baUot by the qualified electors of 
the district, and shall hold their office for the term of three (3) 
years and until their successors are elected and qualified: Pro- 
'vided^ That the board or boards of directors, should there be 
more than one in any city, to which the provisions of this act 
apply, shall continue to serve out their unexpired term and shall 
constitute the board of education of the school district, as pro- 
vided for in this act: Provided^ That at the first regular election, 
and annually thereafter, there shall be elected one or more 
directors as may be necessary to perpetuate a l)oard of five 
members for the full term of three years. 

Sec. 3. The regular district election for -the election of mem- 
bers of the board of education shall be held annually in each 
district contemplated by this act on the first Saturday of No- 
vember. The board of education shall cause written or printed 
notices to l:>e posted, specifying the day and the places of such 
election, and the time during which the ballot-box shall be kept 
open; not less, however, than six (6) hours. Said notices shall 
be posted in at least three (3) places in the district at least 
twenty (20) days previous to the time of the election. Said 
notices shall also be published for the same length of time in 
two daily papers published in the district, and if there be no 
daily or dailies, then in the weekly paper or papers in three (3) 
reo-ular issues next precedine- the day of such election. If the 
board of education fail to give notice at such time as herein pro- 



44 SCHOOL LAWS OF WASHINGTON. 



vided, then any five (6) legal voters residing in the district may 
give such notice over their own names, and such election may 
be held after the day fixed l^y this act for such election. All 
elections shall he by l^allot, and in the absence of any notice 
specifying the hour, the ballot-l)ox shall be open at 2 o'clock 
p. M. and be closed at 8 o'clock p. m. 

Sec. 4. The board of education, at a regular meeting, shall 
determine the number and location of the voting places, and 
shall also be judges of said election, mth authority to appoint 
additional judges and clerks of election, who shall observe and 
cause to be observed at such election all the election laws of this 
state applicable thereto. Should any of the judges be absent at 
the opening of the polls, the electors present shall appoint a 
legal voter, who, upon taking oath, shall be qualified to fill the 
vacancy. 

Sec. 5. The board of education shall immediately, upon clos- 
ing the polls, if there be but one voting place, proceed to count 
the votes, and shall issue certificates of election in accordance 
with the results. But if there be more than one voting place, 
then the board of education shall receive the returns at the 
time and place it shall direct, and shall, within five (5) days 
from sakl election, meet as a canvassing board, and in the 
presence of any duly qualified justice of the peace in and for 
said county, canvass the returns and ascertain the result. The 
result of said election shall be certified by the board of election 
to the county school superintendent, who shall preserve said 
certificate, entering upon his records the receipt of said certifi- 
cate and the names of the person or persons elected as members 
of such board of education for said district, together with the 
term for which elected. 

Sec. 6. That all persons elected as members of the board of 
education shall, within (10) days thereafter, appear before some 
ofiBcer authorized to administer oaths, take and subscribe the 
usual oath of ofiice, and deliver the same to the county superin- 
tendent of schools. In ease any person elected shall fail so to 
do, his election shall be void, and the vacancy occasioned thereby 
shall be filled by the board as hereinafter provided. 



SCHOOL LAWS OF WASHINGTON. 45 



Sec. 7. The members of each l)oard of education, at their 
first reguhir meeting succeeding the election each year, shall 
also elect a president and vice president from their number, who 
shall serve for a term of one year or until their successors are 
elected. They shall elect annually a secretary, at such salary as 
they, the l)oard, may deem just. Said secretary shall not be a 
member of the board of education, and may be removed by the 
board at any time. 

Sec. 8. The election of the officers of the board of education, 
the city superintendent, the secretary, teachers and janitors shall 
be by viva voce vote upon a call of the roll of all the members, 
and no person shall be declared elected except he receive a 
majority vote of all the members of the board. 

Sec. 9. It shall l)e the duty of the president to preside at all 
meetings of the board and to perform such other duties as the 
board may prescribe. 

Sec. 10. It shall be the duty of the vice president to perform 
all the duties of the president in case of his absence or dis- 
ability. 

Sec. 11. It shall be the duty of the secretary to be present at 
all the meetings of the board, to keep an accurate journal of the 
proceedings, to take charge of its liooks and documents, to 
countersign all wan-ants for school moneys drawn upon the 
county treasurer hy order of the board; he may be authorized 
b}'^ the board of education to purchase needed supplies for the 
schools, and also shall act as superintendent of buildings, and 
shall be charged with the special care of the school buildings of 
the district; he shall also perform such other duties as the l)oard 
ma}^ direct. 

Sec. 12. Before entering upon the discharge of his duties, the 
secretary of the board shall give bonds in such sum as the board 
of . education may fix from time to time, but not less than five 
thousand dollars (|5,000), with good and sufficient sureties, and 
shall take and subscribe an oath or affirmation, before a proper 
officer, that he will support the constitution of Washington, and 
faithfully perform the duties of his office. He shall, from time 



46 SCHOOL LAWS OF WASHINGTON. 



to time, as he may be required by the l:)oard, make a complete 
aiid detailed record of his transactions as purchasing agent of the 
board and as superintendent of buildings, which shall be com- 
bined with his annual report, to be published in the manner de- 
termined b}^ the board. 

Sec. 13. The regular meetings of the board of education shall 
be held monthly at such a time as the by-laws of the board may 
prescribe, but special meetings may be held from time to time as 
circumstances may demand, at the call of the board, or on peti- 
tion of a majorit}'^ of the members thereof, and all meetings shall 
be open to the public unless otherwise specially ordered. 

Sec. 14. The board of education shall maintain an office where 
all regular meetings shall be held, and all records, vouchers and 
other important papers lielonging to the board may be preserved 
and at all times ready for inspection of resident taxpayers. 

Sec. 15. The county treasurer shall be the ex-officio treasurer 
of the board of education; he shall prepare and submit to the 
secretary, in writing, on the first day of March, May, August 
and Novembei' of each year, a report of the state of the finances, 
arid shall pay school moneys placed to the credit of the district 
only upon warrants signed by the president or by a majority of 
the board of education and countersigned by the secretary. 

Sec. 16. That the board of directors shall have the power to 
fill any vacancy which may occur in its body, but such appoint- 
ment to fill vacancy shall be valid only until the next regular dis- 
trict election, and the ballots and returns shall be designated as 
follows: ''To fill unexpired term.'"' 

Sec. 17. A majority of all members of the board of education 
shall constitute a quorum, but a less number in attendance at any 
regular meeting shall have, and a quorum at any special meeting 
may have, powder to compel the attendance of absent members in 
such manner and under such penalties as the board may see fit to 
prescribe; and the absence of any member from four consecutive 
reo-ular meetino-s of the board, unless on account of sickness, or 
by resolution of the board, shall vacate his position in the board, 
which facts shall be passed on by the board of education and 
spread upon their records. 



SCHOOL LAWS OF WASHINGTON. 47 

Sec. 18. All accounts vshall be audited and approved by a com- 
mittee, to be styled the "auditing committee," and no expendi- 
ture greater than five hundred dollars (1600) shall be voted by 
the board except in accordance with a written contract, nor shall 
any money or appropriation be paid out of the school fund ex- 
cept on a recorded affirmative vote of a majority of all members 
of the board, and said accounts and the records of said board in 
cities organized under the provisions of this act shall, at all times, 
be subject to the inspection and examination of the county 
superintendent of said county, whose duty it shall be, annually, 
to" examine said records and check said accounts, and report in 
writing to the board of county commissioners of said county, the 
nature and state of said accounts, and any facts that may be re- 
quired concerning said records. 

Sec. 19. Every board of education shall have the power, and 
it shall be their duty — Fwst^ to employ a city superintendent 
of schools of the district, and for cause to dismiss him, and to 
fix his duties and compensation. Second, to enforce the rules 
and general regulations of the state superintendent and the 
state board of education; to prescribe the course of study, the 
exercises and the kind of text-books to be used, in addition to 
the text-books prescribed hj the state board of education, for 
use of the common schools of this state: Provided, That after 
the adoption of any text-book, it shall not be changed in less 
than five (5) years, unless the price thereof shall be unwar- 
rantably advanced, or the mechanical quality lowered, or the 
supply stopped. Third, to provide for school furniture and for 
everything needed in the school-houses. Fourth, to make nec- 
essary liy-laws for more effectively carrying out the provisions 
of this act, and for facilitating the work of the board, as re- 
quired by law. Fifth, to adopt and enforce such rules and 
regulations as may be deemed es.sential to the well being of 
the schools, and to establish and maintain such grades and 
departments, including night schools, as shall, in the judgment 
of the board, best promote the interests of education in that 
district. Sixth, to suspend or expel pupils from school who 



48 SCHOOL LAWS OF WASHINGTON. 



refuse to obey the rules thereof. Seventh, to employ, and for 
cause to dismiss, teachers; to determine the length of time over 
and above eight (8) months that school shall be maintained; to 
fix the time for the annual opening and closing of schools, and 
for the daily dismissal of primary pupils before the regular 
time for closing schools. Eighth, to provide books for indigent 
children on the written statement of the superintendent that 
the parents of such children are not al:)le to purchase them. 
Ninth, to require successful vaccination as a condition of school 
membership, and to provide free vaccination for all who are 
unable to pay for the same. Tenth, to make, as soon as pos- 
sible after the close of the school' year, an annual printed report 
to the taxpayers of the district, showing in detail the receipts 
and disl^ursements of the school funds. 

Sec. 20. The boards of education shall annually cause to be 
taken an enumeration of all persons between the ages of five 
and twenty-one years residing in the district, and shall report 
the same, together with such information as required by the gen- 
eral school laws of Washington, to the county superintendent of 
schools at the time and in the manner specified by law for like 
returns in other districts. The census shall be taken by the 
secretary and such census marshals as he shall select, subject to 
approval of the board or its proper committee. The census 
marshals shall receive such compensation as the l3oard may 
deem just. Each census marshal shall verify by oath the cor- 
rectness of his I'eport in the same manner as by law required of 
the district clerk. 

Sec. 21. It shall be uuhiAvful for any meml)er of the board 
of education, or any of its ofiicers, to have any pecuniary 
interest, either directly or indirectly, in any contract for the 
erection of school-houses, or for M'^arming, ventilating, furnish- 
ing or repairing the same, or be in any manner connected with 
the furnishing of supplies for the maintenance of the schools, 
or to receive or accept any compensation for services performed 
in discharging the duties of his otfice, except as provided in 
sections 24 and 29 of this act. 



SCHOOL LAWS OF WASHINGTON. 49 

Sec. 22. No school property of any kind shall be sold by the 
board of education without the consent of the district be first 
obtained, except it be personal property, the value of which 
shall not exceed five hundred dollars ($600). 

Sec. 23. In all districts contemplated by 'this act, when, in 
the opinion of the board, the cost of any lot of furniture, 
stationery, apparatus, fuel, buildings or improvements, or repairs 
to the same, will equal or exceed the sum of five hundred dol- 
lars (1500), it shall be the duty of the board to give due 
notice by publication in at least one daily newspaper published 
within the said city, and if there be no daily, then in one or 
more weekly papers in three (3) regular consecutive issues, of 
the intention to receive bids for such lot of furniture, stationery 
fuel and other supplies, or for said improvements and repairs. 
The l)oa]*d shall determine the specifications for such bids, which 
shall be public. 

Sec. 24. In all districts contemplated by this act there may 
be a board of examination, which shall consist of the city super- 
intendent of schools, as ex-qfi-c i o chsiiYnvdn, and four (4) other 
members, two of whom shall be members of the board of educa- 
tion, and the other two experienced teachers elected by the 
board of education for a term of one year. 

Sec. 25. Public examinations of teachers shall be hekl at 
such times and places as the examining board may determine, 
and a certified record of the proceedings shall be made to the 
board of education. 

Sp:c. 26. Each board of examination has the power, and it 
shall be the duty of such board — First, to adopt rules and 
regulations not inconsistent with the general school law of this 
state, suliject to the approval of the board of education, for its 
own government and for tlie examination of teachers. Second^ 
to examine applicants and to prescribe standards of proficiency, 
which shall entitle the person examined to a certificate, and to 
grant city certificates of four grades: (1) High school certifi- 
cates, valid for six years, and authorizing the holder to teach in 
any public school in the city; (2) grammar school certificates, 



50 SCHOOL LAWS OF WASHINGTON. 

valid for five years, and authorizing the holder to teach any 
primary or grammar school in such city; (3) primar}^ school 
certificates, valid for five years, and authorizing the holder to 
teach in any primary school in such city: Provided^ That a 
second-class grammar school or primary certificate may, at the 
/liscretion of the board of examiners, be issued for two years, 
but no applicant shall receive a second-class certificate a second 
time; (4) special city certificates, valid for five years, may be 
issued to applicants to teach such special branches as may be 
authorized l)y the board of education of such city. 

Sec. 27. The board of examiners may also, without examina- 
tion, grant city certificates and fix the grade thereof to holders 
of state and life diplomas or certificates, and city certificates 
issued by other cities in Washington; and may also, without 
examination, renew, and for immoral or unprofessional con- 
duct, profanity, intemperance or evident unfitness for teaching, 
gross negligence of duty or incompetency, revoke any certifi- 
ca^te previously granted in such cit\\ Such board may also 
issue a permit to such teachers as may not have the opportunity 
to pass the regular examination, but such permit shall be valid 
not to exceed six ( (5 ) months, and shall not in any case be 
renewed ov extended. 

xSec. 28. The city certificates issued in accordance with this 
act shall l)e valid only in the district in and for which the same 
Avere granted: ProrUled. That no city certificate shall lie granted 
to" any person who is not the holder of a county certificate in full 
force and efiect. granted in the county in which such city is 
located, or the holder of a life diploma or state certificate, issued 
b}^ the board of education of this state; and no teacher shall be 
employed in such city schools who does not hold a valid county 
or state certificate in full force and etfect. 

Sec. 29. The members of the board of examiners shall receive 
such compensation as may be allowed them by the board of 
education, payable out of the funds of the district. 

Sec. 30. The board of education shall annually, at a meeting 
next preceding the annual tax levy for state and county purposes. 



SCHOOL LAWS OF WASHINGTON. 51 

report to the county commissioners an estimate of the amount of 
funds required for the support of the schools, for the purchase 
of school sites, the erection and furnishing of school buildings, 
the payment of interest upon all honds issued for school pur- 
poses, and the creation of a sinking fund for the payment of 
such indebtedness, if any, and the county commissioners are 
hereby authorized and required to levy and collect said amount 
the same as othet taxes: Provided^ however. That in case the 
purchase of school sites and erection of buildings shall require an 
expeiiditure exceeding twenty-five thousand dollars ($25,000) for 
any one calendar year, the question shall be submitted to a vote 
of the electors of the district, at the time and places the board of 
education may appoint; the board of education shall, previous to 
such election, designate in at least one daily paper published in 
the district, if there be one, if not, then in such weekly papers 
as may be selected by the board, the place or places where such 
an election shall be held, the locality of the site or sites required, 
and the proposed cost of the buildings to be erected thereon. 

Sec. 31. The aggregate school tax shall in no one year exceed 
one per cent, upon all the taxable property of the district. 

Sec. 32. No county tax for school purposes shall be levied 
upon the property situate within the limits of any school district 
provided for in this act, nor shall any such district be entitled to 
or receive any portion of the common school fund raised by 
county tax. 

Sec. 33. That all acts and parts of acts inconsistent with this 
act be and the same are hereby repealed. 

Approved March 26, 1890. 



52 SCHOOL LAWS OF WASHINGTON. 



SCHOOL DISTRICTS MAY ISSUE BONDS. 

An Act allowing school districts to borrow money and issue bonds for the 
building and furnishing of school houses; to permit the funding of 
school district bonds heretofore or hereafter to be issued, legalizing 
the same, and declaring an emergency. 

Be it enacted hy the Legislature of the State of Washington: 

Section 1. The board of directors of any school district in 
this state may borrow money, and issue negotiable coupon bonds 
therefor, to an amount not to exceed five (5) per cent, of the 
taxable property in said district as shown l)y the hist equahzed 
assessment roll for county and state purposes: Provided, In 
school districts containing a population of ten thousand (10,000) 
or more, the limit of indebtedness shall not exceed two and one- 
half (2^) per cent, for the purpose of funding outstanding 
indebtedness, or bonds heretofore issued, or issued under the 
provisions of this act. or for the purchase of school-house site or 
sites, building and pi-oviding one or more school-houses, and 
})roviding the same vntii all necessary furniture and apparatus, 
or for any or all of these purposes, when authorized by vote of 
the district as provided in section two of this act: Provided, 
That the bonds so issued shall bear a rate of interest not to ex- 
ceed ten (10) per cent, per annum, interest payable annually or 
semi-annually, payable and redeemable at such time and place a,s 
designated in the bonds, but not to exceed twenty (20) years frt)m 
date of interest. (Amended, see page 57. ) 

Sec. 2. The question whether bonds shall l)e issued, as pro- 
vided in section one of this act, shall ])e determined at an 
election to be held in the manner ])rescril)ed by law for holding 
special school elections. Notices therefor shall state amount of 
bonds proposed to be issued, time they are to run, and purpose 
for which money is to lie used. The ballots must contain the 
words '"Bonds, yes," or "' Bonds, no.'' If a majority of the 
votes cast at such election are "-Bonds, yes.'' the board of direc- 
tors must issue such bonds: Provided, That if the amount of 



SCHOOL LAWS OF WASHINGTON. 58 



bonds to he issued, together with any outstanding indel)tedness 
of the district, not to be redeemed with the proceeds of said 
issue of lionds, exceeds one and one-half per cent, of the taxable 
property in said district, then three-fifths of the votes cast at 
such election must be ''Bonds, yes," before the board of direc- 
tors are authorized to issue said bonds. The bonds shall be in 
such form as the lioard of directors may prescribe, and shall, 
Avith the coupons, be signed by the board of directors and 
countersigned by the clerk of the school district. 

Sec. 3. When authorized and empowered to issue bonds as 
provided in sections one and two of this act, the board of direc- 
tors shall, within thirty days after date of election, certify the 
result to the county treasurer, who shall immediately pul^lish 
notice of the sale of such bonds in at least one w^eekl}^ ncAvspapei- 
published at the county seat, if there be one, for four consecutive 
issues, and pulilish such other notices as the board of directors 
may require. Said notices must giA^e the amounts of bonds to 
be sold, the time to run, where payable, the option, if any, of 
the district to redeem; also naming the hour and day for con- 
sidering bids, and asldng bidders to name price and rates of 
interest at wdiich they will purchase such bonds. Such bonds 
shall be issued in denominations of not less than one hundred 
nor more than one thousand dollars ($1,000), and shall contain 
upon their face the date of issue, the series of issue, rate of 
interest, where payable, time to run, option, if any, of districts 
to redeem, and the statement that said bond is issued under the 
provisions of this act, printed or lithogi-aphed in the form of 
words used in the title of this act, and that the whole indebted- 
ness of said district does not exceed the constitutional limit. 
Each bond so issued must be registered by the county treasuirer 
in a book to be kept for that purpose, which must show the 
number and such data as is necessary to secure a complete record 
of such bond, series, and amount of each bond, the person to 
whom the same is issued, name of the district issuing, together 
with names of directors signing the same; and the said bond 
shall be endorsed by the treasurer, with his name and a full 



54 SCHOOL LAWS OF WASHINGTON. 



statement of the name of the person to whom and when issued, 
together with the number and series of said bond. 

Sec. 4. At the time named in said notice it shall be the duty 
of the board of directors to meet with the county treasm-er at his 
office, and with him open said bids and sell said bonds to the per- 
son or persons making the most advantageous offer: Provided^ 
The bonds shall never be sold below par, and the board of 
directors may reject any and all bids, and within ten (10) days 
proceed to re-advertise the sale of such bonds. Upon the sale of 
bonds the board of directors shall, witliin ten (10) days, or as 
soon thereafter as practicable, deliver the bonds, properly exe- 
cuted, to the county treasurer, taking his receipt therefor. The 
county treasurer shall, upon payment of the price agreed upon, 
deliver the same to the person or persons to whom sold, and 
place the moneys arising from such sale to the credit of the 
special school fund of the said district. Fees for advertising to 
be deducted from proceeds. 

Sec. 5. The school directors of said district must ascertain 
and levy annually, the tax necessary to pay the interest upon 
such bonds as it becoilies due, and at the expiration of one-half 
of the time for which said bonds &re to run, and annually there- 
after until full payment of said bonds is made, they may, if 
deemed advisable, levy, in addition to the tax required to pay 
the interest, such amount for sinking fund to meet the payment 
of said bonds at maturity, to be determined by di^dding the 
amount of bonds outstanding by the remaining number of years 
to run, and the fund arising from such levy shall be kept as the 
bond redemption fund of said district, and each of said tax levies 
shall be a lien upon the property in said district, and must be 
collected in the same manner as taxes for other school purposes: 
Provided, That in case, at the maturity of any such bonds, the 
school directors at [of] any school district issuing same shall 
have failed or refused to \eyj the tax to pay the same, it shall 
be the duty of the county treasurer to ascertain the amount 
necessary to pay the said Ijonds, and shall levy a tax equal to 
said sum so ascertained, and extend the same upon the tax roll 



SCHOOL LAWS OF WASHINGTON. 



of said county, and collect the same in time to pay such bonds 
at maturity. 

Sec. 6. The county treasurer must pay out of any moneys be- 
longing to the school district the interest upon any bonds issued 
under this act b}'^ such school district, when the same becomes 
due, and at such place as designated in such coupon or upon the 
presentation at his office of the same, which must show the 
amount due and the number and series of the bond to which it 
belongs, and all coupons so paid must be immediately reported 
to the school directors. 

Sec. 7. The school directors of any district must cause to be 
printed or lithographed, at the lowest rates, suitable bonds with 
coupons attached, when the same become necessary, and pay 
therefor out of any moneys in the county treasury to the credit 
of the school district. 

Sec. 8. A^Hienever any school district in this state shall have 
heretofore, under any of the acts of the territorial legislature now 
in force, issued any bonds for the purchase of any school-house 
site, or the building of any school-house, or the furnishing of the 
same, and the amount of the said bonds so issued and negotiated 
shall not exceed the sum of five (5) per centum of the taxable 
property of the said school district, it shall be lawful for the said 
school district to issue and exchange its bonds at a rate of in- 
terest not greater than that borne by the original issue of bonds, 
par for par, without any further vote of the school district than 
that heretofore had oi' required by existing law at the time of 
their issue, and said bonds shall in all respects conform to and 
be governed by the other provisions of this act: Provided^ That 
in cities of ten thousand population or more, whenever any bonds 
issued under the provisions of this act shall reach maturity and shall 
remain unpaid, the board of directors thereof shall have the 
power to fund the same by issuing coupon bonds conformable to 
the requirements of this act, and exchanging the same, par for 
par, for the outstanding bonds as aforesaid, without any further 
vote of the school district: Provided further. That such bonds 
shall be issued in denominations of not less than one hundred 
dollars nor more than one thousand dollars, shall be redeemable 



56 SCHOOL LAWS OF WASHINGTON. 

within twenty years from date of issue, and shall draw a rate of 
interest not to exceed six (6) per centum per annum. 

Sec. 9. Every holder of any of the bonds so issued as pro- 
vided in this act shall, within ten (10) days after he shall become 
the owner or holder thereof, notify the county treasurer of the 
county in which such bonds are issued of his ownership, together 
with his full name and post-office address, and the county treas- 
urer of said county shall, in addition to the published notice herein 
provided for, deposit in the post-office, properly stamped and 
addressed to each owner or holder of any such l)onds subject to 
redemption or payment, a notice in like form, stating the time 
and place of the redemption of such ])onds and the number of the 
bonds to be redeemed, and in case any owners of bonds shall fail 
to notify the treasurer of their ownership as aforesaid, then a no- 
tice mailed to the last holder of such bonds shall be deemed suf- 
ficient, and any and all such notices so mailed as aforesaid shall 
be deemed to be personal notice to the holders of such bonds, 
and, at the expiration of the time therein named, shall ha^^e the 
force to suspend the interest upon any such bonds. 

Sec. 10. That any time after the issuance of such bonds, and 
in the discharge of the duties imposed upon said county treasurer, 
should any incidental expense, costs or charges arise, the said 
county treasurer shall present his claim for the same to the board 
of directors of the school district issuing such bonds, and the same 
shall be audited and paid in the same manner as other services are 
paid under the provisions of law. 

Sec. 11. TVTienever the amount of any sinking fund, created 
under the provisions of this act, shall equal the amount, principal 
and interest, of any bond then due or subject under the pleasure 
or option of said school district to be paid or redeemed, it shall 
be the duty of the count}" treasurer of the county in which the 
school destrict issuing such bonds is located, to publish a notice 
in the official newspaper of the county, if such a one there be, 
and if not, then in any newspaper of general circulation, that the 
said county treasurer will, within thirty (30) days from the date 
of such notice, redeem and pay any such bond then redeemable 
or payable, giving priority according to the date of issue numer- 



SCHOOL LAWS OF WASHINGTON. 57 

ically, and upon the presentation of any such bond or l)onds; the 
said treasurer shall pay the same; and in case that any holder of 
such bond or l^onds shall fail or neglect to present the same at 
the time mentioned in said notice, or the notice hereinbefore 
provided for, then the interest upon such bond or bonds shall 
cease and determine, and the treasurer of such county shall 
thereafter pay only the amount of such bond and the interest 
accrued thereon up to the day mentioned in said notice. When 
any bonds are so redeemed or paid, the county treasurer shall 
cause the same to be fully cancelled, and write across the face 
of such bond the word ' ' redeemed, ' ' with the date of redemp- 
tion, and shall deliver the same to the board of directors of 
such school district, taking the directors' receipt therefor. 

Sec. 12. Whereas, there are numerous school districts in this 
state which are desirous of erecting school-houses and furnish- 
the same, and other school districts which have issued bonds 
under the Territorial Statutes and the legality of the same is 
called in question; therefore, an emergency exists, and this act 
shall take effect and l:)ecome a law from and after its passage 
and approval by the governor. 

Sec. 13. All acts and parts of acts in conflict with this act 
are hei'eby repealed. 

Approved March 19, 1890. 



ALLOWING SCHOOL DISTRICTS TO BORROW MONEY 
AND ISSUE BONDS. 

An Act to amend section one (1) of an act entitled "An act allowing 
school districts to borrow money and issue bonds for the building and 
furnishing of school-houses, to permit the funding of school district 
bonds heretofore or hereafter to be issued, legalizing the same, and 
declaring an emergency," and declaring an emergency to exist. 

Be if enacted by the Legidatn.r<^ of the State of Washingtmi: 

Section 1 . That section one ( 1 ) of an act entitled ' 'An act 

allowing school districts to borrow money and issue bonds for 



58 SCHOOL LAWS OF WASHINGTON. 



the" building and furnishing of school-houses; to permit the 
funding of school district bonds heretofore or hereafter to be 
issued, legalizing the same, and declaring an emergenc3^ ' ' ap- 
proved March nineteenth, eighteen hundred and ninety, be and 
the same is hereby amended to read as follows: The board of 
directors of any school district in this state may borrow money 
and issue negotiable coupon bonds therefor to an amount not 
to exceed five (5) per cent, of the taxable property in such 
district, as shown by the last assessment roll for county and 
state purposes: Provided^ That in incorporated cities the assess- 
ment shall be taken from the last assessment for city purposes 
for the purpose of funding outstanding indebtedness, or bonds 
heretofore issued, or issued under the pro^dsions of this act, or 
for the purchase of school-house site or sites, building (and pro- 
adding) one or more school-houses, and providing the same with 
all necessary furniture and apparatus, or for any or all of these 
purposes, when authorized by vote of the district so to do, as 
provided in section two (2) of this act: Provided fitrthei; That 
the bonds so issued shall bear a rate of interest not to exceed ten 
(10) per cent, per annum, interest payable annually or semi- 
annually, payable and redeemable at such time as may be desig- 
nated in the bonds, but not to exceed twenty (20) years from 
the date of issue. That in cases where school districts have issued 
l)onds in accordance with the laws of the Territory of Washing- 
ton and levied as a special tax for the year eighteen hundred and 
eighty-nine, to meet the payment of interest on the same, and 
have failed to have said special tax levy properly placed on the 
assessment roll of the county in which such districts may be 
located, the district clerks of said districts are authorized and 
empowered to prepare rolls for such special tax levied for said 
year in such district, and to proceed to collect the same within 
the time prescribed for the collection of taxes for said year, and 
to collect the delinquent taxes in the same manner and with the 
same power to enforce collection that a sheriff has in the collec- 
tion of delinquent taxes: Provided^ That no penalty shall be 
added for failure to pay said taxes before the time fixed by law 



SCHOOL LAWS OF WASHINGTON. 59 

for taxes becoming delinquent, except the rate of interest fixed 
by law on delinquent taxes. 

Sec. 2. 'V\'liereas, the immediate taking effect of this act is 
necessary to render its provisions operative during the ^'^ear 
eighteen hundred and ninety, an emergency is declared to exist, 
and this act shall take effect and be in force from and after its 
passage and approval by the governor. 

x4.pproved March 28, 1890. 



EDUCATION OF DEFECTIVE YOUTH; COMPUL- 
SORY. 

An Act to provide for the compulsory education of defective youth, and 
providing penalties for violations of the same. 

Be it enacted hy the Legislature of the State of Washingtooi: 

Section 1. It shall be the duty of the clerks of all school 
districts in the State of Washington to report to the school 
superintendents of their respective counties the names of all 
deaf, mute, blind, or feeble-minded youth residing within their 
respective districts who are between the ages of six and twenty- 
one years. 

Sec. 2. It shall be the duty of each county school superin- 
tendent to make a full and specific report of such defective 
youth to the county commissioners of his count}^ at the first 
regular meeting of said commissioners held after the first day 
of July in each year. He shall also, at the same time, transmit 
a duplicate copy of said report to the director of the Washing- 
ton School for Defective Youth. 

Sec. 3. It shall be the duty of the parents or guardians of all 
such defective youth to send them each year to the said state 
school for defective youth. The county commissioners shall 
take all action necessary to enforce this section of this act: 
Provided^ That if satisfactory- evidence shall be laid before the 



60 SCHOOL LAWS OF WASHINGTON. 



county commissioner!? that any defective yonth is being properly 
educated at hom6 or in some suitable institution other than the 
Washington School for Defective Youth, the county commis- 
sioners shall take no other action in such case further than to 
make a record of the fact, and take such steps as may be neces- 
sary to satisfy themselves that said defective youth shall con- 
tinue to receive a proper education. 

Sec. 4. If it appear to the satisfaction of the county commis- 
sioners that the parents of any such defective youth within their 
county are unable to bear the expense of sending them to said 
state school, it shall then be the duty of such commissioners to 
send them to such school at the expense of the county. 

Sec. 5. Any parent, guardian, county school superintendent 
or county commissioner who shall, without a proper cause, fail 
to carry into effect the pro^nsions of this act shall be deemed 
guilty of a misdemeanor, and upon conviction thereof, upon the 
complaint of any officer or citizen of the county or state, before 
any justice of the peace or superior court, shall be fined in any 
sum not less than fifty nor more than two hundred dollars, in 
the discretion of the court. 

Approved March 20, 1890. 



STATE NORMAL SCHOOL AT CHENEY. 

An Act to establish a Normal School for the State of Washington, in the 
city of Cheney, in Spokane county, and for the government, manage- 
ment and control of the same. 

Be it enacted 1)1/ the Legislature of the State of Washington: 

Section 1. That a normal school for the State of Washington 

is hereby established in the city of Cheney, in Spokane county, 

the exclusive purpose of which shall be the instruction of pei'- 

sons, both male and female, in the art of teaching the various 

branches that pertain to a good common school education; also. 



SCHOOL LAWS OF WASHINGTON. 61 

to give instruction in mechanical arts and in husbandry, in the 
fundamental laws of the United States, and in what regards the 
rights and duties of citizens: Provided^ That the trustees of the 
Benjamin P. Cheney Academy shall, prior to the tirst day of 
September (1890) eighteen hundred and ninety, donate to the 
state the l)uilding and one block of ground containing eight 
acres, now occupied by said Benjamin P. Cheney Academy, 
within the hmits of the city of Cheney, and valued at not less 
than thirty thousand (130,000) dollars, and shall convey the 
same to the State of Washington by a good and perfect title in 
fee simple, to be a})proved by the attorney general and accepted 
by the board of trustees hereinafter mentioned. 

Sec. 2. That said normal school shall l^e under the direction 
of a board of trustees, and shall be governed and supported as 
hereinafter provided. 

Sec. 3. The said board of trustees shall consist of live mem- 
bers, who shall be appointed l)y the governor, by and with the 
consent of the senate, two of whom shall hold their oiSce for 
six years, two for four years, and the other for two years, and 
the governor shall designate the tenure of office of each mem- 
ber so appointed. The board of trustees shall annually elect 
from their numbei' a president and secretary. It shall be the 
duty of the secretary to keep an exact and detailed account of 
the doings of said board, and he shall make such reports to the 
legislature as are required l^y this act; and no meml)er of said 
l)oard of trustees shall, during his continuance in office as a 
member of said l)oard, act as agent of any publisher or pul)- 
lishers of school l)ooks or school library books, or lie or become 
interested in the publication or sale of such l)ooks, as agent or 
otherwise; and the governor of the state is hereby authorized 
and required, upon satisfactory evidence being produced to him 
that any member of said board is employed as such agent, or 
interested as aforesaid, to remove such member of said board 
from office and appoint another in his place. 

Sec. 4. That the board of trustees shall hold t-\vo regular 
meetings in each year, viz. : During the tirst week in January 
and the first week in June in each year,' at which second meet- 



62 SCHOOL LAWS OF WASHINGTON. 



ing the oiBcers of the board shall be elected. All meetings of 
the board shall be held in the city of Chene}^ and when practi- 
cable be in the normal school l)iiilding; and all financial matters, 
allowances of claims and accounts, shall be disposed of at such 
regular meetings only. Special meetings of the board may be 
called upon written order of the president of the same, which 
order shall specify the object of the meeting. An adjournment 
may be had from a regular or special meeting, but the journal 
must in either case state the reason in full for the same, and no 
regular, special or adjourned meeting shall continue in session 
for more than ten days at any one time. A majority of the 
board shall constitute a quorum to transact business. A true 
and faithful journal of their proceedings shall be kept at any 
reasonable time open to the inspection of any member of the 
board. 

Sec. 5. That said board of trustees shall have power to appoint 
a principal and assistant to take charge of said school, and such 
^ther teachers and officers as may be required in said school, and 
to fix the salary of each and prescribe their several duties. They 
shall have power to remove either the principal, assistant oi' 
teachers and appoint others in their stead'. They shall prescribe 
the various books to l^e used in said school, and shall make all 
the regulations and by-laws necessary for the good government 
and management of the same. 

Sec. 6. That the said board of trustees are hereby authorized 
and it is made their duty to take and at all times to have general 
supervision and control of all buildings and property appertain- 
ing to said normal school, and to have general charge and con- 
trol of the construction of all l)uildings to be l:)uilt after the 
acceptance of the building mentioned in the first section of this 
act. They shall have the power to let contracts for building 
and completion of any such buildings and the entire supervision 
of their construction: Provided, That all contracts connected 
with the erection of any such buildings shall be let to the lowest 
responsible bidder, after notices of the letting of such contracts 
shall have been published in at least four of the leading news- 
papers located in diflereht parts of the state, for at least thirty 



SCHOOL LAWS OF WASHINGTON. ' 63 



daj'^s before the letting of said contracts, and the said lioard shall 
have power to reject any or all bids. 

Sec. 7. That as soon as said normal school is prepared to re- 
ceive pupils, the superintendent of public instruction shall give 
notice of the fact to each county clerk in the state and shall 
publish said notice in a newspaper published in each judicial 
district. 

Sec. 8. That the said board of trustees shall ordain such rules 
and regulations for the admission of pupils to said school as they 
shall deem necessary and proper. Every applicant for admis- 
sion shall undergo an examination in such manner as shall be 
prescribed by the board, and if it shall appear that the applicant 
is not a person of good moral character, or will not make an apt 
and good teacher, such applicant shall be rejected. The board 
of trustees may, in their discretion, require any applicant for 
admission into said school other than such as shall, prior to* such 
admission, sign and tile ^dth said board a declaration of intention 
to follow the business of teaching schools in this state, to pay, 
or secure to be paid, such fees or tuition as to said board shall 
seem reasonable. 

Sec. 9. That any person may be admitted as a pupil of said 
normal school who shall pass a satisfactory examination: Pro- 
vided^ That the applicant shall, before admission, sign a declara- 
tion of intention to follow the business of teaching schools in 
this state; And provided furthe/)\ That the pupils maybe ad- 
mitted without signing such declaration of intention on' such 
terms as the said board of trustees may require or prescribe. 

Sec. 10. That after said normal school shall have commenced 
its first term and at least once in each year thereafter it shall be 
visited by three suitable persons not members, to be appointed 
by the board of trustees, who shall examine thoroughly into the 
affairs of the school and report to the superintendent of public 
instruction their views in regard to its condition, success and 
usefulness and any other matter they may judge expedient. 
vSuch visitors shall be appointed annually. 

Sec. 11. That lectures in chemistry, comparative anatomy, 
the mechanical arts, agricultural chemistry, and any other 



64 SCHOOL LAWS OF WASHINGTON. 



science or any other branches of literature that the board of 
trustees may direct may be delivered to those attending such 
school in such manner and on such conditions as the l3oard of 
trustees may prescribe. 

Sec. 12. That as soon as any person has attended said insti- 
tution twenty-two weeks said person may be examined in the 
studies required by the board in such manner as may be pre- 
scribed by them, and if it shall appear that such person possesses 
learning and other qualifications necessary to teach a common 
school, said person shall receive a certificate. 

Sec. 13. That services and all other necessary traveling ex- 
penses, as herein provided, incurred by the board of trustees in 
carrying out the provisions of this act shall be paid on the 
proper certificate out of any funds belonging to said institution 
in the hands of the treasurer; and the yjrincipal, assistants, 
teachers and other oflicers employed in said school shall be 
paid out of said normal school fund and from the receipts for 
tuition. The members of the board of trustees shall be entitled 
to four dollars per day during the meetings of said board, and 
ten cents for each mile necessarily traveled in attending said 
meetings. 

Sec. 14. That all funds appropriated for the use and benefit 
of said normal school shall be under the direction and control 
of the board of trustees, subject to the provisions herein con- 
tained. The treasurer of the state shall pay out of such funds 
all orders or drafts for money to be expended under the pro- 
visions of this act; such orders or drafts to l)e drawn by the 
state auditor on certificates of the secretary, countersigned by 
the president of said board. No such certificates shall be given 
except upon accounts audited and allowed by the board at their 
regular meetings. 

Sec. 15. That it shall be the duty of the governor to fill 
liy appointment all vacancies that may from any cause occur in 
the board of trustees of the said state normal school, and he 
may, for neglect of any duty, or any violation of the trust 
reposed, or the arbitrary exercise of the power conferred, re- 
move any member of said board, and appoint a suitable person 
in his stead. 



SCHOOL LAWS OF WASHINGTON. 65 

Sec. 16. That the clerk of the board of trustees shall on the 
15th day of October in each year, transmit to the governor a 
full report of the expenditures of the same, for the previous 
year, setting forth each item in full, and the date thereof. 

Sec. 17. That the board of trustees in their regulations, and 
the principal in his supervision and government of the school, 
shall exercise a watchful guardianship over the morals of the 
pupils at all times during their attendance upon the same, but 
no religious or sectarian tests shall be applied in the selection 
of teachers, and none shall be adopted in the school. 

Sec. 18. That all acts and paats of acts in conflict with these 
provisions are hereby repealed. 

Approved March 22, 1890. 



STATE NORMAL SCHOOL AT ELLENSBUROH. 

An Act to establish a State Normal School. 
Be it enacted hy the Legislature of the State of Washmgton: 

Section 1. There shall be established in the city of Ellens- 
burgh, county of Kittitas, a school, to l)e called the Washington 
State Normal School, for the training and educating of teachers 
in the art of instructing and governing in the public schools of 
this state. 

Sp]C. 2. The governor of the State of Washington, the super- 
intendent of public instruction of the said state, and the secretary 
of state, are hereby appointed and created trustees, with full 
power and authority to select a site for the permanent location 
of the State Normal School in the city of Ellensburgh. Said 
trustees shall, within thirty [days] after this act goes into effect, 
examine the sites ofi'ered by the city of Ellensburgh for the loca- 
tion of the State Normal School buildings aiid select therefrom 
a suitable location for said State Normal School buildings, and 
5— 



06 ■ SCHOOL I.AWS OF WASHINGTON. 



the site selected by them shall be and remain the permanent site 
for the State Normal School buildings. 

Sec. 3. The mayor and common council of the city of Ellens- 
burgh are hereby authorized, empowered and directed, imme 
diately after such site shall have been selected by said trustees, to 
convey such site by good and sufficient conveyance to the trustees 
of the State Normal School, who are hereby authorized and em- 
powered to receive and hold the same and the title thereto in 
trust and for the use of said State Normal School. 

Sec. 4. The governor, the state superintendent (jf })ublic 
instruction, and three others to be appointed 1)y the governor, 
shall constitute the board of normal school trustees. The 
appointed members, at the first meeting of the Iward of trustees, 
shall determine, by lot, their respective terms of office, which 
shall be for two, four and six years. 

Sec. 5. Said board of trustees shall have power to expend all 
moneys appropriated or donated for building school-rooms and 
boarding-houses, and for furnishing the same, as well as all 
moneys for the current expenses of the school. 

Sec. 6. The board of trustees shall have power to elect a 
principal and all other teachers that may be deemed necessary; 
to fix the salaries of the same, and to prescribe their duties. 

Sec. 1. It shall l)e the duty of the board of trustees to pre- 
scribe the course of study and the time and standard of gradu- 
ation, and to issue such certificates and diplomas as may from 
time to time be deemed suitable. These certificates and diplomas 
shall entitle the holder to teach in any county in this state for the 
time and in the grade specified in the certificate or diploma. 

Sec. 8. The board of trustees shall prescribe the text-books, 
apparatus and furniture, and provide the same, together with all 
necessary stationery for the use of pupils. 

V Sec. 9. Said, board shall, when deemed expedient, establish 
and maintain a training or model school or schools, in which the 
pupils of the normal school shall be required to instruct classes 
under the supervision and direction of experienced teachers. 

Sec. 10. Said, board shall make rules for the government of 



SCHOOL LAWS OF WASHINGTON. 67 

the boarding-house or houses; shall superintend the same, and 
make all necessary arrangements for conducting the same in the 
most economical manner that will make them self-sustaining. 

Sec. 11. At each annual meeting, the board shall determine 
what number of pupils may be admitted into the school; and 
this number shall be apportioned among the counties of this 
state according to the number of representatives from said 
counties in the legislature: Provided^ That teachers holding- 
first or second grade cei'tificates may be admitted from the state 
at large. The county superintendents and the county boards of 
examination shall hold competitive examinations before the first 
of May in each year, of all persons desiring to become pupils 
of the normal school, which examination shall be conducted in 
the same manner as examinations for teachers' certificates. A 
list shall be made of the applicants thus examined, and they 
shall receive recommendations in the order of standing in exam- 
ination: Pj'ovided^ That superintendents may discriminate in 
favor of those whose age and experience specially fit them to 
become normal pupils. After the expiration of the year a new 
list must be prepared, and those not recommended must be re- 
examined or forfeit their right to recommendation. 

Sec. 12. Ta secure admission into the junior class of the 
normal school, the applicant, if a male, must be not less than 
seventeen years of age, or if a female, not less than sixteen 
years of age; to enter an advanced class, the applicant must be 
})roportionately older. Applicants must also present letters of 
reconnnendation from their county superintendent, certifying to 
their good moral character and their fitness to enter the normal 
school. Before entering, all applicants must sign the following- 
declaration: ''We hereby declare that our purpose in entering 
the Washington State Normal School is to fit ourselves for the 
profession of teaching, and that it is our intention to engage in 
teaching- in the public schools of this state. ' ' 

Sec. 13. Pupils from other states and territories may be ad- 
mitted to all the privileges of the school, on presenting letters 
of recommendation from the executive or state school superin- 
tendents thereof, and the payment of one hundred dollars. The 



68 SCHOOL LAWS OF WASHINGTON. 

money thus received shall be appropriated to the purchase of li- 
brary and apparatus. Pupils from other states shall not be re- 
quired to sign the declaration named in section twelve. 

Sec. 14. The superintendent of public instruction shall be the 
executive agent and secretary of the board of trustees of the 
normal school.. He shall visit the school from time to time, 
inquire into its condition and management, enforce the rules 
and regulations made by the board, require such reports as he 
deems proper from the teachers of the schools and officers of 
the boarding-house, and exercise a general supervision of the 
same. He shall, in connection with the executive committee 
appointed by the board, expend all moneys appropriated for 
salaries and incidental expenses, and shall make a semi-annual 
statement in ^^riting to the lioard of all moneys received and 
expended. 

Sec. 15. It shall be the duty of the principal of the school to 
make a detailed annual report to the board of ti'ustees, with a 
catalogue of the pupils and such other particulars as the board 
may require or he may think useful. It shall also be his duty, 
authorized by the l)oard, to attend county institutes and lecture 
before them on subjects relating to public schools and the pro- 
fession of teaching. 

Sec. 16. The Ijoard of trustees shall hold two regular meet- 
ings annually at such time and place as may be determined, but 
special meetings may lie called i)y the secretary by sending 
written notice to each member. 

Sec. it. The board shall have power to make all rules and 
regulations necessary for discharging the duties named above. 

Sec. 18. All classes may be admitted into the normal school 
who are admitted without restriction into the public schools of 
the state. 

Approved March 28, 1890. 



CONSTITUTION, STATE OF WASHINGTON. 



PREAMBLE. 



We, the people of the State of Washington, grateful to the 
Supreme Ruler of the Universe for our liber- 
ties, DO ordain this Constitution. 

ARTICLE I. — Declaration of Rights. 

Section 1. All political power is inherent in the people, and govern- 
ments derive their just powers from the consent of the governed, and are 
established to protect and maintain individual rights. 

Sec. 2. The Constitution of the United States is the supreme law of the 
land. 

Sec. 3. No person shall be deprived of life, liberty or property without 
due process of law. 

Sec. 4. The right of petition and of the people peaceably to assemble 
for the common good shall never be abridged. 

Sec. 5. Every person may freely speak, write and publish on all suli- 
jects, being responsible for the abuse of that right. 

Sec. 6. The mode of administering an oath or affirmation shall be such 
as may be most consistent with and binding upon the conscience of the 
person, to whom such oath or affirmation may be administered. 

Sec. 7. ISTo person shall be disturbed in his private affairs, or his home 
invaded, without authority of law. 

Sec. 8. No law granting irrevocably any privilege, franchise oi' im- 
munity shall be passed by the legislature. 

Sec. 9. No person shall be compelled in any criminal case to give evi- 
dence against himself, or be twice put in jeopardy for the same offense. 

Sec. 10. Justice in all cases shall be administered openly and Avithout 
unnecessary delay. 

Sec. 11. Absolute freedom of conscience in all matters of religious 
sentiment, belief and worship shall be guaranteed to every individual, and 
no one shall be molested or disturbed in person or property on account of 
religion, but the libert}'- of conscience hereby secured shall not be so con- 
strued as to excuse acts of licentiousness, or justify practices inconsistent 
with the peace and safety of the state. No jiublic money or property 
shall be appropriated for or applied to any religious worship, exercise or 
instruction, or the support of any religious establishment. No religious 
qualification shall be required for any public office or emplojanent, nor 

(69) 



70 CONSTITUTION. 



shall any person be incompetent as a witness or juror in consequence of 
his opinion on matters of religion, nor be questioned in any court of 
justice touching his religious belief to affect the weight of his testimony. 

Sec. 12. No law shall be passed granting to any citizen, class of citizens, 
or coi-poration other than municipal, privileges or immunities which upon 
the same terms shall not equally belong to all citizens or corporations. 

Sec. 13. The privilege of the writ of habeas corpus shall not be sus- 
pended unless in case of rebellion or invasion the public safety requires it. 

Sec. 14. Excessive bail shall not be required, excessive fines imposed, 
nor cruel punishment inflicted. 

Sec. 15. No conviction shall work corruption of blood, nor forfeiture of 
estate. 

Sec. 16. Private property shall not be taken for private use, except for 
private ways of necessity, and for drains, flumes or ditches on or across 
the lands of others for agricultural, domestic or sanitary purposes. No 
private property shall be taken or damaged for public or private use 
without just compensation having been first made, or paid into court for 
the owner, and no right-of-way shall be appropriated to the use of any 
corporation other than municipal, until full compensation therefor be first 
made in money, or ascertained and paid into court for the owner, irre- 
spective of any benefit from any improvement proposed by such cor- 
poration, which compensation shall be ascertained by a jury, unless a 
jury be waived as in other civil cases in courts of record, in the manner 
prescribed by law. Whenever an attempt is made to take private prop- 
erty for a use alleged to be public, the question whether the contemplated 
use be really public shall be a judicial question, and determined as such 
without regard to any legislative assertion that the use is public. 

Sec. 17. There shall be no imprisonment for debt, except in cases of 
absconding debtors. 

' Sec. 18. The military shall be in strict subordination to the civil 
power. 

Sec. 19. All elections shall be free and equal, and no power, civil or 
military, shall at any time interfere to prevent the free exercise of the 
right of suffrage . 

Sec. 20. All persons charged with crime shall be bailable by sufficient 
sureties, except for capital offenses, when the proof is evident, or the pre- 
sumption great. 

Sec. 21. The right of trial by jurj' shall remain inviolate, taut the leg- 
islature may provide for a jury of any number less than twelve in courts 
not of record, and for a A'erdict hy nine or more jurors in civil cases in 
any court of record, and for Avaiving of the jury in civil cases where the 
consent of the parties interested is given thereto. 

Sec. 22. In criminal prosecutions, the accused shall have the right to 
appear and defend in person, and by counsel, to demand the nature and 
cause of the accusation against him, to have a copy thereof, to testify in 
his own behalf, to meet the witnesses against him face to face, to have 
compulsory process to compel the attendance of witnesses in his own be- 
half, have a speedy public trial by an impartial jury of the county in 



CONSTITUTION. 71 



which the offense is alleged to have been committed, aud the right to ap- 
peal in all cases; and in no instance shall any accused person befoi-e tinal 
judgment be compelled to advance money or fees to secure the rights 
herein guaranteed. 

Sec. 23. No bill of attainder, ex post facto lav^^ or law impairing the 
obligations of contracts shall ever be passed. 

Sec. 24. The right of the individual citizen to bear arms in defense of 
himself or the state, shall not be impaired, but nothing in this section shall 
be construed as authorizing individuals or corporations to organize, main- 
tain or employ an armed body of men. 

Sec. 25. Offenses heretofore reqiiired to be prosecuted by indictment 
may be prosecuted by information or by indictment, as shall be pre- 
scribed by law. 

Sec. 26. No grand jury shall be drawn or summoned in any county, 
except the superior judge thereof shall so order. 

Sec. 27. Treason against the state shall consist only in levying war 
against the state, or adhering to its enemies, or in giving them aid and 
comfort. No person shall be convicted of treason unless on the testi- 
mony of two witnesses to the same overt act, or confession in open court. 

Sec. 28. No hereditary emoluments, privileges or powers shall be 
granted or conferred in this state. 

Sec. 29. The pi'ovisions of this constitution are mandatory, unless by 
express words they are declared to be otherwise. 

Sec. 30. The enumeration in this constitution of certain rights shall 
■ not be construed to deny others retained by the people. 

Sec. 31. No standing army shall be kept up by this state in time of 
peace, and no soldier shall in time of peace be quartered in any house 
without the consent of its owner, nor in time of war except in the man- 
ner ijrescribed \ij law. 

Sec. 32. A frequent recurrence to fundamental principles is essential 
to the security of individual right and the perpetuity of free government. 

ARTICLE II. — Legislative Department. 

Section 1. The legislative powers shall be vested in a senate and 
house of representatives, which shall be called the legislature of the State 
of Washington. 

Sec. 2. The' house of representatives shall be composed of not less 
than 63 nor more than 99 members. The number of senators shall not be 
more than one-half nor less than one-third of the number of members of 
the house of repi-esentatives. The first legislature shall be composed of 
70 members of the house of representatives and 35 senators. 

Sec. 3. The legislature shall provide by law for an enumeration of the 
inhabitants of the state in the year one thousand eight hundred and ninty- 
five and every ten years thereafter; and at the first session after such 
enumeration, and also after each enumeration made by the authority of 
the United States, the legislature shall apportion and district anew the 
members of the senate and house of representatives, according to the 



72 CONSTITUTION. 



number of inhabitants, excluding Indians not taxed, soldiers, sailors and 
officers of the United States army and navy in active service. 

Sec. 4. Members of the house of representatives shall be elected in 
the year eighteen hundred and eighty-nine at the time and in the manner 
provided by this constitution, and shall hold their offices for the term of 
one year and until their successor shall be elected. 

Sec. 5. The next election of the members of the house of representa- 
tives after the adoption of this constitution shall be on the first Tuesday 
after the first Monday of November, eighteen hundred and ninety, and 
thereafter membei's of the house of representatives shall be elected 
bienniall,v, and their term of office shall be two years; and each election 
shall be on the first Tuesday after the* first Monday in November, unless 
otherwise changed by law. 

Sec. 6. After the first election the senators shall be elected by single 
districts of convenient and contiguous territory at the same time and in 
the same manner as members of the house of representatives are required 
to be elected, and no representative district shall be divided in the forma- 
tion of a senatorial district. They shall be elected for the terra of four 
years, one-half of their number retiring evei'y two years. The senatorial 
districts shall be numbered consecutively, and the senators chosen at the 
first election had by virtue of this constitution, in odd numbered districts, 
shall go out of office at the end of the first year, and the senators elected 
in the even numbered districts shall go out of office at the end of the third 
year . 

Sec. 7. No pei'son shall be eligible to the legislature who shall not be 
a citizen of the United States and a qualified voter in the district for 
which he is chosen. 

Sec. 8. Each house shall be the judge of the election, returns and 
qualifications of its own members, and a majority of each house shall 
constitute a quorum to do business, but a smaller number may adjourn 
from day to day and may compel the attendance of absent members in 
such manner and under such penalties as each house may provide. 

Sec. 9. Each house may determine the rules of its own proceedings, 
punish for contempt and disorderly behavior, and, with the concurrence 
of two-thirds of all the members elected, expel a member, but no member 
shall be expelled a second time for the same offense. 

Sec. 10. Each house shall elect its own officers, and when the lieuten- 
ant governor shall not attend as president, or shall act as governor, the 
senate shall choose a temporary president. When presiding, the lieuten- 
ant governor shall have the deciding vote in case of an equal division of 
the senate. 

Sec. 11. Each house shall keep a journal of its proceedings and pub- 
lish the same, except such parts as require secrecy. The doors of each 
house shall be kept open, except when the public welfare shall require 
secrec.y. Neither house shall adjourn for more than three days, nor to 
any place other than that in which they may be sitting, without the con- 
sent of the other. 

Sec. 12. The first legislature shall meet on the first Wednesday after 



CONSTITUTION. 73 



the first Monday in November, A. D. 1889. The second legislature shall 
meet on the first Wednesday after the first Monday in January, A. D. 
1891, and sessions of the legislature shall be held biennially thereafter, un- 
less specially convened by the governor, but the times of meeting of 
subsequent sessions may be changed by the legislature. After the first 
legislature the sessions shall not be more than sixty days. 

Sec. 13. No member of the legislature, during the term for which he 
is elected, shall be appointed or elected to any civil office in the state, 
which shall have been created, or the emoluments, of which shall have 
l)een increased during the term for which he was elected. 

Sec. 14. No person, being a member of congress, or holding any civil 
or military office under the United States or any other power, shall be 
eligible to be a member of the legislature; and if any person after his 
election as a member of the legislature, shall be elected to congress or be 
appointed to anj^ other office, civil or military, under the government of 
the United States, or any other power, his acceptance thereof shall va- 
cate his seat: Provided, That officers in the militia of the state who 
receive no annual salary, local officers and postmasters, wh'ose compensa- 
tion does not exceed three hundred dollars per annum, shall not be ineli- 
gible . 

Sec. 15. The governor shall issue writs of election to fill such vacancies 
as may occur in either house of the legislature. 

Sec. 16. Members of the legislature shall be privileged from ari'est in 
all cases except treason, felony and breach of the peace; they shall not 
be subject to any civil process during the session of the legislature, nor 
for fifteen days next before the commencement of each session. 

Sec. 17. No member of the legislature shall be liable in any civil 
action or criminal prosecution whatever for words spoken in debate. 

Sec. 18. The style of the laws of the state shall be: "Be it enacted by 
the legislature of the State of Washington." And no law shall be enacted 
except by bill. 

Sec. 19. No bill shall embrace more than one subject, and that shall be 
expressed in the title. 

Sec. 20. Any bill may originate in either hotise of the legislature, and 
a bill passed by one house may be amended in the other. 

Sec. 21. The yeas and nays of the members of either house shall be 
entered on the jounral on the demand of one-sixth of the members 
present. 

Sec. 22. No bill shall become a law unless on its final passage the vote 
be taken by yeas and nays, the names of the memljers voting for and 
against the same be entered on the journal of each house, and a majority 
of the members elected to each house be recorded thereon as voting in its 
faA^or. 

Sec. 23. Each member of the legislature shall receive for his services 
live dollars for each day's attendance during the sessiou and ten cents for 
every mile he shall travel in going to and returning from the jdace of 
meeting of the legislature, on the most usual route. 

Sec. 24. The legislature shall never authorize any lottery or grant any 
divorce. 



74 CONSTITUTION. 



Sec. 25. The legislature shall never grant any extra compensation to 
any public officer, agent, servant or contractor after the services shall 
haA-e been rendered or the contract entered into, nor shall the compensa- 
tion of any public officer be increased or diminished during his term of 
office. 

Sec. 26. The legislature shall direct by law in what manner and in 
what courts suits may be brought against the state. 

Sec. 27. In all elections by tlie legislature the members shall vote viva 
voce, and their votes shall be entered on the journal. 

special legislation. 

Sec. 28. The legislature is prohibited from enacting any private or 
special laws in the following cases: 

1. For changing- the names of persons, or constituting one person the heir at law or 
another. 

2. For laying out, opening or altering highways, except in cases of state roads ex- 
tending into more than one county, and military roads to aid in the construction of which 
lands shall have been or may be granted by congress. 

3. For authorizing persons to keep ferries wholly within this state. 

4. For authorizing the sale or mortgage of real or personal property of minors, or 
others under disability. 

o. For assessment or collection of taxes, or for extending the time for collection 
thereof. 

6. For granting corporate powers or privileges. 

7. For authorizing the apportionment of any part of the school fund. 

<S. For incorporating any town or village, or to amend the charter thereof, 
y. From giving effect to invalid deeds, wills or other instruments. 

10. Releasing or extinguishing, in whole or in part, the indebtedness, liability, of 
other obligation of any i:)erson or corporation to this state, or to any municipal corpora- 
tion therein. 

11. Declaring any person of age or authorizing any minor to sell, lease or encumber 
his or her property. 

12. Legalizing, except as against the state, the unauthorized or invalid act of any officer. 

13. Regulating the rates of interest on money. 

14. Remitting fines, penalties or forfeitures. 

15. Providing for the management of common schools. 

16. Authorizing the adoption of children. 

17. For limitation of civil or criminal action. 

18. Changing county lines, locating or changing county seats: Provided. This shall 
not be construed to apply to the creation of new counties. 

Sec. 29. After the first day of January, eighteen hundred and ninety, 
the labor of convicts of this state shall not be let out hj contract to any 
person, co-partnership, company or corporation, and the legislature shall 
by law provide for the working of convicts for the benefit of the state. 

Sec. 30. The offense of corrupt solicitation of members of the legisla- 
ture, or of public officers of the state or any municipal division thereof, 
and any occupation or practice of solicitation of such members or officers 
to influence their official action, shall be defined by law, and shall be 
punished by fine and imprisonment. Any person may be compelled to 
testify ill any lawful investigation or judicial proceeding against any per- 
son who may be charged with having committed the offense of bribery 
or corrupt solicitation, or practice of solicitation, and shall not be per- 
mitted to withhold his testimonv on the ground that it mav criminate 



CONSTITUTION. 75 



Himself oi' subject him to public infamy, but such testimony shall not 
afterwards be used against him in any judicial proceeding — except for 
perjury in giving such testimony — and any person convicted of either of 
the offenses aforesaid, shall, as part of the punishment thei'efor, be dis- 
qualified from ever holding any position of honor, trust or profit in this 
state. A member who has a private interest in any bill or measure pro- 
posed or pending before the legislature shall disclose the fact to the 
house of which he is a member, and shall not vote thereon. 

Sec. 31. No law, except appropriation bills, shall take effect until 
ninety days after the adjournment of the session at which it was enacted, 
unless in case of any emergency (which emergency must be expressed in 
the preamble or in the body of the act) the legislature shall otherwise 
direct by a vote of two-thirds of all the members elected to each house; 
said vote to be taken by yeas and nays and entered on the journals. 

Sec. 32. No bill shall become a law until the same shall have been 
signed by the presiding officer of each of the two houses in open session, 
and under such rules as the legislature shall prescribe. 

Sec. 33. The ownership of lands by aliens, other than those who in 
good faith have declared their intention to become citizens of the United 
States, is prohibited in this state, except where acquired by inheritance, 
under mortgage or in good faith in the ordinary course of justice in the 
collection of debts; and all conveyances of lands hereafter made to any 
alien directly, or in trust for such alien, shall be void: Provided, That the 
provisions of this section shall not apply to lands containing valuable de- 
posits of minerals, metals, iron, coal or fire-clay, and the necessary land 
for mills and machinery to be used in the development thereof and the 
manufacture of the products therefrom. Every corporation, the majority 
of the capital stock of which is owned by aliens, shall be considered an 
alien for the purposes of this prohibition. 

Sec. 34. There shall be estal)lished in the office of the secretary of state, 
a bureaAiof statistics, agriculture and immigration, under such regulations 
as the legislature may provide. 

Sec. 35. The legislature shall pass necessary laws for the protection of 
persons working in mines, factories and other employments dangerous to 
life or deleterious to health; and fix pains and penalties for the enforce- 
ment of the same. 

Sec. 36. No bill shall l^e considered in either house unless the time of 
its introduction shall have been at least ten days before the final adjourn- 
ment of the legislature, unless the legislature shall otherwise direct hy a 
vote of two-thirds of all the members elected to each house, said vote to 
be taken by yeas and nays and entered upon the journal, or unless the 
same be at a special session. 

Sec. 87. No act shall ever he revised or amended by mere reference to 
its title, luit the act revised oi- the section amended shall be set forth at 
full length. 

Sec. 38. No amendment to any hill shall 1)e allowed which shall change 
the scope and object of the bill. 

Sec. 39. It shall not be lawful for any person holding public office in 



76 CONSTITUTION. 



this state to accept or use a pass or to purchase transportation from any 
railroad or other corporation, other than as the same may be purchased 
l)y the general public, and the legislature shall pass laws to enforce this 
provision. 

ARTICLE III.— The Executive. 

Section 1. The executive department shall consist of a governor, 
lieutenant governor, secretary of state, treasurer, auditor, attorney gen- 
eral, superintendent of public instruction, and a commissioner of public 
lands, v^rho shall be severally chosen by the qualified electors of the state 
at the same time and place of voting as for the members of the legis- 
lature. 

Sec. 2. The supreme executive power of this state shall be vested in a 
governor, who shall hold his oiiice for a term of four .years, and until his 
successor is elected and qualified. 

Sec. 3. The lieutenant governor, secretary of state, treasurer, auditor, 
attorney general, superintendent of public instruction and commissioner 
of loublic lands, shall hold their offices for four years respectively, and 
until their successoi's ai'e elected and qualified. 

Sec. 4. The returns of every election for the officers named in the first 
section of this article shall be sealed up and transmitted to the seat of 
government by the returning officers, directed to the secretary of state, 
who shall deliver the same to the sjjeaker of the house of representatives 
at the first meeting of the house thereafter, who shall open, publish and 
declare the result thereof in the presence of a majority of the members 
of both houses. The person having the highest number of votes shall be 
declared duly elected, and a certificate thereof shall be given to such per- 
son, signed by the presiding officers of both houses; but if any two or 
more shall be highest and equal in votes for the same office, one of them 
shall be chosen by the joint vote of both houses. Contested elections for 
such officers shall be decided by the legislature in such manner as shall be 
decided by law. The terms of all officers named in section one of this 
article shall commence on the second Monday in January after their 
election, until otherwise provided by law. 

Sec. 5. The governor may require information in writing froiu the of- 
ficers of the state upon any subject relating to the duties of their re- 
spective offices, and shall see that the laws are faithfully executed. 

Sec. 6. He shall communicate at every session by message to the leg- 
islature the condition of the affairs of the state, and recommend such 
measures as he shall deein expedient for their action. 

Sec. 7. He may, on extraordinary occasions convene the legislatxire 
l)y proclamation, in which shall be stated the purposes for which the leg-' 
islature is convened. 

Sec. 8. He shall be commander-in-chief of the inilitary in the state ex- 
cept when they shall be called into the service of the United States. 

Sec. 9. The pardoning power shall be vested in the governor under 
such regulations and restrictions as may be prescribed by law. 

Sec. 10. In case of the removal, resignation, death or disability of the 
governor, the duties of the office shall devolve upon the lieutenant gov- 



CONSTITUTION. 77 



ernor, and in case of a vacancy in both the oiSces of governor and lieu- 
tenant governor, the duties of governor shall devolve upon the secretary 
of state, who shall act^ as governor until the disability be removed or a 
governor be elected. 

Sec. 11. The governor shall have power to remit fines and forfeitures, 
under such regulations as may be prescribed by law, and shall report to 
the legislature at its next meeting each case of reprieve, commutation or 
pardon granted, and the reasons for granting the same, and also the 
names of all persons in whose favor remission of tines and forfeitures 
shall have been made, and the several amounts remitted and the reasons 
for the remission. 

Sec. 12. Every act which shall have passed the legislature shall be, 
before it becomes a law, presented to the governor. If he approves, he 
shall sign it; but if not, he shall return it, with his objections, to that 
house in which it shall have originated, which house shall enter the objec- 
tions at large upon the journal and proceed to reconsider. If, after such 
reconsideration, two-thirds of the members present shall agree to pass 
the bill it shall be sent, together with the objections, to the other house, 
by which it shall likewise be reconsidered, and if approved by two-thirds 
of the members present, it shall become a law; but in all such cases the- 
vote of both houses shall be determined by the yeas and nays, and the 
names of the members voting for or against the bill shall be entered upon 
the journal of each hoiise respectively. If any bill shall not be returned 
by the governor within five days, Sundays excepted, after it shall be pre- 
sented to him, it shall become a law without his signature, unless the 
general adjournment shall prevent its return, in which case it shall be- 
come a law unless the governer, within ten days next after the adjourn- 
ment, Sundays excepted, shall file such bill, with his objections thereto, 
in the office of secretary of state, who shall lay the same )jefore the legis- 
lature at its next session in like manner as if it had been returned by the 
governor. If any bill presented to the governor contain several sections 
or items, he may object to one or more sections or items while approving 
other portions of the bill. In such case he shall append to the bill, at 
the time of signing it, a statement of the section, or sections; item or 
items to which he objects, and the reasons therefor, and the section or 
sections, item or items so objected to, shall not take effect unless passed 
over the governor's objectioii, as hereinbefore provided. 

Sec. 13. When, during a recess of the legislature, a vacancy shall hap- 
pen in any office, the appointment to which is vested in the legislature, 
or when at any time a vacancy shall have occui'red in any other state 
office, for the filling of which vacancy no provision is made elsewhere in 
this constitution, the governor shall fill such vacancy by appointment, 
which shall expire when a successor shall have been elected and qualified. 
Sec. 14. The governor shall I'eceive an annual salary of four thousand 
dollar's, which may be increased by law, but shall never exceed six thou- 
sand dollars per annum. 

Sec. 15. All commissions shall issue in the name of the state, shall be 



78 CONSTITUTION. 



signed by the goA'ernor, sealed with the seal of the state, and attested by 
the seci'etary of state. 

Sec. 16. The lieuteuaut governor shall be presiding officer of the state 
senate, and shall discharge snch other dxities as may be prescribed by 
law. He shall receive an annual salary of one thousand dollars, which 
may be increased by the legislature, but shall never exceed three thou- 
sand dollars per annum. 

Sec. 17. The secretary of state slmll keep a record of the official acts 
of the legislature and,executive department of the state, and shall, when 
required, lay the same, and all matters relative thereto, before either 
branch of the legislature, and shall perform such other duties as shall be 
assigned him by law. He shall receive an annual salary of twenty-five 
hundred dollars, which may be increased by the legislature, but shall 
never exceed three thousand dollars per annum. 

Sec. 18. There shall be a seal of the state kept by the secretary of 
state for official purposes, which shall be called, "The Seal of the State 
of Washington." 

Sec. 19. The treasurer shall perform such duties as shall be prescribed 
by law. He shall receive an annual salary of two thousand dollars, 
which may be increased by the legislature, but shall never exceed four 
thousand dollars per annum. 

Sec. 20. The auditor shall be auditor of public accounts, and shall 
have such powers and perform such duties in connection therewith as 
may be prescribed by law. He shall receive an annual salary of two 
thousand dollars, which may be increased by the 'legislature, but shall 
never exceed three thousand dollars per annum. 

Sec. 21. The attorney general shall be the legal adviser of the state 
officers, and shall perform such other duties as may be prescribed bylaw. 
He shall receive an annual salary of two thousand dollars, which may 
be increased by the legislature, but shall never exceed thirty-five hun- 
dred dollars per annum. 

Sec. 22. The suxjerintendent of public instruction shall have supervis- 
ion over all matters pertaining to public schools, and shall perform such 
specific duties as may be prescribed by law. He shall receive an an- 
nual salary of twenty-five hundred dollars, which may be increased by 
law, but shall never exceed four thousand dollars per annum. 

Sec. 23. The commissioner of public lands shall perform such duties 
and receive such compensation as the legislature may direct. 

ScE. 24. The governor, secretary of state, treasurer, auditor, superin- 
tendent of public instruction, commissioner of public lands and attorney 
general shall severally keep the public records, books and papers relating 
to their respective offices at the seat of government, at which place also 
the governor, secretary of state, treasurer and auditor shall reside. 

Sec. 25. No person, except a citizen of the United States and a quali- 
fied elector of this state, shall be eligible to hold any state office, and the 
state treasurer shall be ineligible for the term succeeding that for which 
he was elected. The compensation for state officers shall not be increased 
or diminished during the term for which they shall have been elected. 



CONSTITUTION. 79 



The legislature may, in its discretion, abolish the oflfices of the lieutenant- 
governor, auditor and commissioner of public lands. 

ARTICLE IV.— The Judiciary. 

Section 1. The judicial power of the state shall be vested in a su- 
preme court, superior courts, justices of the peace and such inferior 
courts as the legislature may provide. 

Sec. 2. The supreme court shall consist of five judges, a majority of 
whom shall be necessary to form a quorum and ijronounce a decision. 
The said court shall always be open for the transaction of business except 
on non-judicial days. In the determination of causes all decisions of the 
court shall be given in writing and the grounds of the decision shall be 
stated. The legislature may increase the number of judges of the su- 
preme court from time to time, and may provide for separate depart- 
ments of said court. 

Sec. 3. The judges of the supreme court shall be elected by the 
qualified electors of the state at large, at the general state election, at the 
times and places at which state ofiicers are elected, unless some other 
time be proAdded by the legislature. The first election of judges of the 
supreme court shall be at the election which shall be held uj)6n the 
adoption of this constitution, and the judges elected thereat shall be 
classified by lot, so that two shall hold their office for the term of three 
years, two for the term of five years, and one for the term of seven years. 
The lot shall be drawn by the judges who shall for that purpose assemble 
at the seat of gOA^ernment, and they shall cause the result thereof to be 
certified to the secretary of state, and filed in his ofliice. The judge hav- 
ing the shortest term to serve, not holding his office by appointment oi' 
election to fill a A^acancy, shall be the chief justice, and shall preside at 
all sessions of the supreme court, and in case there shall be two judges 
having in like manner the same short term, the other judges of the 
supreme court shall determine which of them shall be chief justice. In 
case of the absence of the chief justice, the judges having in like manner 
the shortest or next shortest term to serve shall preside. After the first 
election the terms of judges elected shall be six years from and after the 
second Monday in January next succeeding their election. If a vacancy 
occur in the office of a judge of the supreme court the gOA'ernor shall ap- 
point a person to hold the office until the election and qualification of a 
judge to fill the vacancy, which election shall take place at the next suc- 
ceeding general election and the judge so elected shall hold the office for 
the remainder of the unexpired term. The term of office of the judges of 
the supreme court, first elected, shall commence as soon as the state shall 
have been admitted into the Union, and continue for the term herein 
provided, and until their successors are elected and qualified. The ses- 
sions of the supreme court shall be held at the seat of government until 
otherwise provided by law. 

Sec. 4. The supreme court shall have original jurisdiction in habeas 
corpus, and quo warranto and mandamus as to all state officers, and ap- 
pellate jurisdiction in all actions and proceedings, excepting that its 



80 CONSTITUTION. 



appellate jnrisclietion shall not extend to civil actions at law for the 
recovery of money or personal property when the original amount in 
controversy, or the value of the property does not exceed the sum of two 
hundred dollars ($200) unless the action involves the legality of a tax, im- 
post, assessment, toll, naunieipal fine, or the validity of a statute. The 
supreine court shall also have power to issue writs of mandamus, review, 
prohibition, habeas corpus, certiorari and all other writs necessary and 
proper to the complete exercise of its appellate and revisory jurisdiction. 
Each of the judges shall have power to issue writs of habeas corpus to any 
part of the state upon petition by or on behalf of any person held in actual 
custody, and may make such writs returnable before himself, or before the 
supreme court, or before any superior court of the state, or any judge 
thereof. 

Sec. 5. There shall be in each of the organized counties of this state 
a superior coiirt for which at least one judge shall be elected by the 
qualified electors of the county at the general state election: Provided, 
That until otherwise directed by the legislature one judge only shall be 
elected for the counties of Spokane and Stevens; one judge for the 
county of Whitman; one judge for the counties of Lincoln, Okanogan. 
Douglas and Adams; one judge for the counties of Walla Walla and 
Franklin; one judge for the counties of Columbia, Gai'field and Asotin; 
one judge for the counties of Kittitas, Yakima and Klickitat; one judge 
for the counties of Clark, Skamania, Pacific, Cowlitz and Wahkiakum; 
one judge for the counties of Thurston, Chehalis, Mason and Lewis; one 
judge for the counter of Pierce, one judge for the county of King; one 
judge for the counties of Jefferson, Island, Kitsap, San Juan and Clal- 
lam; and one judge for the counties of Whatcom, Skagit and Snohomish. 
In any county where there shall be more than one superior judge, there 
may be as many sessions of the superior court at the same time as there 
are judges thereof, and whenever the governor shall direct a superior 
judge to hold court in any county other than that for which he has 
been elected, there may be as many sessions of the superior court in 
said county at the same time as there are judges therein or assigned to 
duty therein by the governor, and the business of the court shall be so 
distributed and assigned by law, or, in the absence of legislation therefor, 
by such rules and orders of court, as shall best promote and secure the 
convenient and expeditious transaction thereof. The judgments, de- 
crees, orders and proceedings of any session of the sujjerior court held 
by any one or more of the judges of such court shall be equally effectual 
as if all the judges of said court presided at such session. The first su- 
I)erior judges elected under this constitution shall hold their offices for 
the period of three years, and until their successors shall be elected and 
qualified, and thereafter the term of office of all superior judges in this 
state shall be for four years from the second Monday in January next 
succeeding their election, and until their successors are elected and qual- 
ified. The first election of judges of the superior court, shall be at the 
election held for the adoption of this constitution. If a vacancy occurs in 



w 



CONSTITUTION. 81 



the office of judge of the superior court, the governor shall appoint a 
person to hold the office until the election and qualification of a judge to 
fill the vacancy, which election shall be at the next succeeding general 
election, and the judge so elected shall hold office for the remainder of 
the unexpired term. 

, Sec. 6. The superior court shall have original jurisdiction in all cases 
in equity, and in all cases at law which involve the title or possession of 
real property, or the legality of any tax, impost, assessment, toll or 
municipal fine, and in all other cases in which the demand, or the value 
of the property in controversy amounts to one hundred dollars, and in all 
criminal cases amounting to felony, and in all cases of misdemeanor not 
otherwise provided for by law; of actions of forcible entrj^ and detainer; of 
proceedings in insolvency; of actions to prevent or abate a nuisance; of all 
matters of probate, of divorce, and for annulment of marriage; and for 
such special cases and proceedings as are not otherwise provided for. 
The superior court shall also have original jurisdiction in all cases and of 
all proceedings in which jui'isdiction shall not have been by law vested 
exclusively in some other court; and said Court shall have the power of 
naturalization, and to issue papers therefor. They shall have such ap- 
pellate jurisdiction in cases arising in justice's and other inferior courts 
in their resj)ective counties as may be prescribed by law. They shall al- 
ways be open except on non-judicial days, and their process shall extend 
to all parts of the state. Said courts and their judges shall have power 
to issue writs of mandamus, quo warranto, review, certiorari, prohibi- 
tion and writs of habeas corpus, on petition by or on behalf of any per- 
son in actual custody in their respective counties. Injunctions and writs 
of prohibition and of habeas corpus may be issued and served on legal 
holidays and non-judicial days. 

Sec. 7. The judge of any superior court may hold a superior court in 
any county at the request of the judge of the superior court thereof, and 
upon the request of the governor it shall be his duty to do so. A case in 
the superior court may be tried by a judge pro tempore, who must be a 
member of the bar, agreed uj)on in writing by the parties litigant, or 
their attorneys of record, approved by the court, and sworn to try the 
case. 

Sec. 8.- An_y judicial officer who shall absent himself from the state for 
more than sixty consecutive days shall be deemed to have forfeited his 
office: Provided, That in cases of extreme necessity the governor may ex- 
tend the leave of absence such time as the necessity therefor shall exist. 

Sec. 9. Any judge of any court of record, the attorney general, or any 
prosecuting attorney maybe removed from office by joint resoluion of the 
legislature, in which three-fourths of the members elected to each house 
shall concur, for incompetency, coi-ruption, malfeasance, or delinquency 
in office, or other sufficient cause stated in such resolution. But no re- 
moval shall be made unless the officer complained of shall have been 
served with a copy of the charges against him as the ground of removal, 
and shail have an opportunity of being heard in his defense. Such 
resolution shall be entered at length on the journal of both houses, and 
— 6 



82 CONSTITUTION. 



on the question of removal the ayes and nays shall also be entered on the 
journal. 

Sec. 10. The legislature shall determine the number of justices of the 
peace to be elected in incorporated cities or towns and in precincts, and 
shall prescribe by law the powers, duties and jurisdiction of justices of 
the peace: Provided, That such jurisdiction granted by the legislature 
shall not trench upon the jurisdiction of superior or other courts of rec- 
ord, except that justices of the peace may be made police justices of 
incorjiorated cities and towns. In incorporated cities or towns having 
more than five thousand inhabitants the justices of the peace shall receive 
such salary as may be provided by law, and shall receive no fees for their 
own use. 

Seo. 11. The supreme court and the superior court shall be courts of 
record, and the legislature shall have power to provide that any of the 
courts of this state, excepting justices of the peace, shall be courts of 
record. 

Sec. 12. The legislature shall prescribe by law the jurisdiction and 
powers of any of the inferior courts which may be established in pur- 
suance of this constitution. 

Sec. 13. No judicial officer, except court commissioners and unsalaried 
justices of the peace, shall receive to his own use any fees or perquisites 
of office. The judges of the supreme court and judges of the superior 
courts shall severally, at stated times, during their continuance in office, 
receive for their services the salaries prescribed by law therefor, which 
shall not be increased after their election, nor during the term for which 
thej^ shall have been elected. The salaries of the judges of the supreme 
court shall be paid by the state. One-half of the salary of each of the 
superior cou.rt judges shall be paid by the state, and the other one-half 
by the county or counties for which he is elected. In cases where a judge 
is provided for more than one county, that portion of his salary which is 
to be jDaid by the counties shall be apportioned between or among them 
according to the assessed value of their taxable propertj', to be deter- 
mined by the assessment next preceding the time for Avhich such salary is 
to be paid. 

Sec. 14. Each of the judges of the supreme court shall receive an 
annual salary of four thousand dollars ($4,000); each of the superior court 
Judges shall receive an annual salary of three thousand dollai's ($3,000), 
which said salaries shall be payable quarterly. The legislature may in- 
crease the salaries of the judges herein provided. 

Sec. 15. The judges of the supreme coui't and the judges of the superior 
court shall be ineligible to any other office or public employment than a 
judical office or employment during the term for which they shall have 
been elected. 

Sec. 16. Judges shall not charge juries with respect to matters of fact, 
nor comment thereon, but shall declare the law. 

Sec. 17. No person shall be eligible to the office of judge of the su- 
preme court or judge of a superior court unless he shall have been 



CONSTITUTION. 83 



admitted to practice in the courts of record of this state or of the Terri- 
tory of Washington. 

Sec. 18. The jndges of the supreme court shall appoint a reporter for 
the decisions of that court, who shall be removable at their pleasure. 
He shall receive such annual salary as shall be prescribed by law. 

Sec. 19. No judge of a court of record shall practice law in any court 
of this state during his continuance in office. 

Sec. 20. Every case submitted to a judge of a superior court for his 
decision shall be decided by him within ninety days from the submission 
thereof: Provided, That if, within said period of ninety days a rehearing 
shall have been ordered, then the period within which he is to decide 
shall commence at the time the cause is submitted upon such a rehearing. 

Sec. 31. The legislature shall provide for the speedj' publication of 
opinions of the supreme court, and all opinions shall be free for publica- ' 
tion by any person. 

Sec. 22. The judges of the sui^reme court shall appoint a clerk of that 
court, who shall be removable at their pleasure, but the legislature may 
provide for the election of the clerk of the supreme court and prescribe 
the term of his oflfice. The clerk of the supreme court shall receive such 
compensation hj salary only as shall be provided by law. 

Sec. 23. There may be appointed in each county, by the judge of the 
superior court having jurisdiction therein, one or more coui't commis- 
sioners, not exceeding three in number, who shall have authority to per- 
form lika duties as a judge of the supei'ior court at chambers, subject to 
revision by such judge, to take depositions and to perform such other 
business connected with the administration of justice as may be pi*e- 
scribed by law. 

Sec. 24. The judges of the superior courts, shall from time to time, 
establish uniform rules for the government of the superior courts. 

Sec. 25. Superior judges shall, on or before the first day of Novem- 
ber in each year, report in writing to the judges of the supreme court 
such defects and omissions in the laws as their experience may suggest, 
and the judges of the supreme court shall, on or before the first day of 
January in each year, report in writing to the gOA^ernor such defects and 
omissions in the laws as they may believe to exist. 

Sec. 26; The county clerk shall be, by virtue of his ofiice, clerk of the 
superior court. 

Sec. 27. The style of all process shall be "The State of Washington," 
and all pi'osecutions shall be conducted in its name and by its authority. 

Sec. 28. Every jiidge of the supreme court, and every judge of a supe- 
rior court shall, before entering upon the duties of his office, take and 
subscribe an oath that he will support the constitution of the United 
States and the constitution of the State of Washington, and will faithfully 
and impartially discharge the duties of judge to the best of his ability, 
which oath shall be filed in the office of the secretary of state. 

ARTICLE v.— Impeachment. 

Section 1. The house of representatives shall have the sole power of 
impeachment. The concurrence of a majority of all the members shall 



84 CONSTITUTION. 



he necessary to an impeachment. All impeachments shall he tinecl hy the 
senate, and when sitting for that purpose, the senators shall he upon oath 
or affirmation to do justice according to law and evidence. When the 
governor or lieutenant governor is on trial, the chief justice of the su- 
preme court shall preside. No person shall be convicted without a con- 
currence of two-thirds of the senators elected. 
/ Sec. 2. The governor and other state and judicial officers, except 
\ / judges and justices of courts not of record, shall be liable to impeachment 
for high crimes or misdemeanors, or malfeasance in office, but judgment 
in such cases shall extend only to removal from office and disqualification 
to hold any office of honor, trust or profit, in the state. The party, 
whether convicted or acquitted, shall, nevertheless, be liable to prosecu- 
tion, trial, judgment and punishment according to law. 

Sec. 3. All officers not liable to impeachment shall be subject to re- 
moval for misconduct or malfeasance in office, in such manner as maybe 
provided by law. 

ARTICLE VI. — Elections and Elective Rights. 

Section 1. All male persons of the age of twenty-one years or over, 
possessing the following qualifications, shall he entitled to vote at all 
elections: They .shall be citizens of the United States; they shall have 
lived in the state one year, and in the county uinetj^ days, and in the city, 
town, ward or precinct thirty daj^s immediately preceding the election at 
which thej' offer to vote: Provided, That Indians not taxed shall never be 
allowed the electiAC franchise: Provided further, That all male persons 
who at the time of the adoption of this constitution are qualified electors 
of the territory shall be electors. 

Sec. 2. The legis^iture may provide that there shall be no denial of the 
elective franchise at ivaj school election on account of sex. 

Sec. 3. All idiots, insane persons, and persons convicted of infamous 
crime unless restored to their civil rights, are excluded from the elective 
franchise. 

Sec. 4. For the purpose of voting and eligibility to office no person 
shall be deemed to have gained a residence \)j reason of his presence, or 
lost it by reason of his absence, while in the civil or military service of 
the state or of the United States, nor while a student at any institution 
of learning nor while kept at public expense at any poor house or other 
asylum, nor Avhile confined in ijublic prison, nor while engaged in the 
navigation of the waters of this state or of the United States, or of the 
high seas. 

Sec. 5. Voters shall, in all cases except treason, felonj" and breach of 
the peace, be privileged from arrest during their attendance at elections 
and in going to and returning therefrom. No elector shall be required 
to do military duty on the daj^ of any election except in time of war or 
public danger. 

Sec. 6. All elections shall be by ballot. The legislature shall provide 
for such method of voting as will secure to every elector absolute secrecy 
in preparing and depositing his ballot. 



CONSTITUTION. 85 

Sec. 7. The legislature shall enact a registration law, and shall require 
a compliance with such law before any elector shall be allowed to vote; 
Provided, That this provision is not compulsory upon the legislature, 
except as to cities and towns haA'ing a population of over five hundred 
inhabitants. In all other cases the legislature may or may not require 
registration as a j)re-requisite to the right to vote, and the same system 
of I'egistration need not be adopted for both classes. 

Sec. 8. The first election of county and district officers, not otherwise 
provided for in this constitution, shall be on the Tuesday next after the 
first Mondaj' in NoA^ember, 1890, and thereafter all elections for such 
officers shall be held biennially on the Tuesdaj^ next succeeding the first 
Monday in November. The first election of all state officers not otherwise 
provided for in this constitution, after the election held for the adoption 
of this constitution, shall be on the Tuesday next after the first Monday 
in November, 1892, and the elections for such state officers shall be held 
in every fourth year thereafter on the Tuesday succeeding the first Mon- 
day in November. 

ARTICLE VII.— Revenue and Taxation. 

Section 1. All property in the state, not exempt under the laws of 
the United States, or under this constitution, shall be taxed in proportion 
to its value, to be ascertained as provided by law. The legislature shall 
provide by law for an annual tax suflEicient, with other sources of revenue, 
to defray the estimated ordinary expenses of the state for each fiscal 
year. And for the purpose of paying the state debt, if there be any, the 
legislature shall provide for levying a tax annually, sufficient to pay the 
annual interest and principal of such del^t within twenty years from the 
final passage of the law creating the debt. 

Sec. 2. The legislature shall provide by law a uniform and equal rate 
of assessment and taxation on all property in the state, according to its 
value in money, and shall prescribe such regulations by general law as 
shall secure a just valuation for taxation of all property, so that every 
person and corporation shall paj^ a tax in proportion to the value of his, 
her or its property: Provided, That a deduction of debts from credits may 
be authorized: Provided, further, That the property of the United States, 
and of the state, counties, school districts, and other municipal corpora- 
tions, and such other property as the legislature may by general laws 
provide, shall be exempt from taxation. 

SecS. The legislature shall provide by general laAV for the assessing 
and levying of taxes on all corporation property as near as may be by 
the same methods as are provided for the assessing and levying of taxes 
on individual property. 

Sec. 4. The power to tax corporations and corporate property shall 
not be surrendered or suspended by any contract or grant to which the 
state shall be a party. 

Sec. 5. No tax shall be levied except in pursuance of law; and every 
law imposing a tax shall state distinctly the object of the same to which 
only it shall be applied. 



86 CONSTITUTION. 



Sec. 6. All taxes levied and collected for state purposes shall be paid 
in money only into the state treasury. 

Sec. 7. An accurate statement of the receipts and expenditures of the 
public moneys shall be published annually in such manner as the legisla- 
ture may provide. 

Sec. 8. Whenever the expenses of any fiscal year shall exceed the in- 
come, the legislature inay provide for levying a tax for the ensuing fiscal 
year, sufficient, with other sources of income, to pay the deficiency, as 
well as the estimated exj)enses of the ensuing fiscal year. 

Sec. 9. The legislature may vest the corporate authorities of cities, 
towns and villages with power to make local improvements by special 
assessment, or by special taxation of property benefited. For all coi'- 
porate purposes, all municipal corporations may be vested with authority 
to assess and collect taxes, and such taxes shall be uniform in respect to 
persons and propert^y within the jurisdiction of the body levying the 
same. 

ARTICLE VIII. — State, County and Municipal Indebtedness. 

Section 1. The state may, to meet casual deficits or failure in reve- 
nues or for expenses not provided for, contract debts, but such debts, 
direct and contingent, singly or in the aggregate, shall not at any time 
exceed four hundred thousand dollars ($400,000), and the moneys arising 
from the loans creating such debts shall be applied to the purpose for 
which the.y were obtained, or to repay the debts so contracted, and to no 
other purpose whatever. 

Sec. 2. In addition to the above limited power to contract debts, the 
state may contract debts to repel invasion, suppi'ess insurrection, or to 
defend the state in war, but the money arising from the contracting of 
such debts shall be applied to the purpose for which it was raised, and 
to no other purpose whatever. 

Sec. 3. Except the debts specified in sections one and two of this arti- 
cle, no debts shall hereafter be contracted by, or on behalf of, this state, 
unless such debt shall be authorized by law for some single work or object 
to be distinctly specified therein, which law shall provide ways and 
means, exclusive of loans, for the payment of the interest on such debt as 
it falls due, and also to pay and discharge the principal of such debt 
within twenty years from the time of the contracting thereof. No such 
law shall take effect until it shall, at a general election, haA^e been sub- 
mitted to the people and have received a majority of all the votes cast for 
and against it at such election, and all moneys raised by authority of such 
law shall be applied only to the specific object therein stated, or to the 
payment of the debt thereby created, and such law shall be published in 
at least one neAvspaper in each county, if one be published therein, 
throughout the state, for three months next preceding the election at 
which it is submitted to the people. 

Sec. 4. No moneys shall ever be paid out of the treasury of this state, 
or any of its funds, or any of the funds under its management, except in 
pursuance of an appropriation by law; nor unless such payment be made 



CONSTITUTION. 87 



withiu two years from the first day of May next after the passage of such 
appropriation act, and eveiy svich law making a new appropriation, or 
continuing or reviving an appropriation, shall distinctly specify the sum 
appropriated, and the object to which it is to be applied, and it shall not 
be suiScient for such law to refer to any other law to fix such sum. 

Sec. 5. The credit of the state shall not, in any mannei-, be given or 
loaned to, or in aid of, any individual, association, company or corpo- 
ration. 

Sec. 6. No county, city, town, school district or other municipal cor- 
poration, shall for any purpose become indebted in any manner to an 
amount exceeding one and one-half per centum of the taxable property 
in such county, city, town, school district or other municipal corporation, 
without the assent of three-fifths of the voters therein, voting at an elec- 
tion to be held for that purpose, nor in cases requiring such assent shall 
the total indebtedness at anytime exceed five per centum on the value of 
the taxable property therein, to be ascertained by the last assessment for 
state and county purposes previous to the incurring of such indebtedness, 
except that in incorporated cities the assessment shall be taken from the 
last assessment for city purposes: Provided, That no part of the indebted- 
ness allowed in this section, shall be incurred for any purpose other than 
strictly county, city, town, school district or other municipal purposes: 
Provided fiirther. That any city or town, with such assent may be allowed 
to become indebted to a larger amount but not exceeding five per centum 
additional for supplying such city or town with watei', artificial light, and 
sewers, when the works for supplying such water, light, and sewers shall 
be owned and controlled by the municipality. 

Sec. 7. No countj'-, city, town or other municipal corpoi'ation shall 
hereafter give any money, or property, or loan its money or credit, to or 
in aid of anj' individual, association, company or coi'poration, except for 
the necessary support of the poor and infii-m, or become directly or in- 
directly the owner of any stock in or bonds of any association, company 
or corporation. 

ARTICLE IX.— Education. 

Section 1. It is the paramount duty of the state to make ample pro- 
vision for the education of all children residing within its borders, with- 
out distinction or preference on account of race, color, caste, or sex. 

Sec. 2. The legislature shall provide for a general and uniform sys- 
tem of public schools. The public school system shall include common 
schools, and such high schools, normal schools, and technical schools as 
may hereafter be established. But the entire revenue dexnved from the 
common school fund, and the state tax for common schools, shall be ex- 
clusively applied to the support of the common schools. 

Sec. 3. The principal of the common school fund shall remain perma- 
nent and irreducible. The said fund shall be derived from the following 
named sources, to wit: Appropriations and donations by the state to this 
fund; donations and bequests by individuals to the state or public for 
common schools; the proceeds of lands and other property which revert 



CONSTITUTION. 



to the state by escheat and forfeiture; the proceeds of all property granted 
to the state, when the purpose of the grant is not specified, or is uncer- 
tain; funds accumulated in the treasury of the state for the disbursement 
of which provision has not been made by law; the proceeds of the sale of 
timber, stone, minerals or other property from school and state laiids, 
other than those granted for specific purposes; all moneys received from 
persons appropriating timber, stone, minerals or other property from 
school and state lands other than those granted for specific purposes, and 
all moneys other than rental recovered from persons trespassing on said 
lands; five per centum of the proceeds of the sale of public lands lying 
within the state, which shall be sold by the United States subsequent to 
the admission of the state into the Union as approved by section 13 of the 
act of congress enabling the admission of the state into the Union; the 
principal of all funds arising from the sale of lands and other property 
which have been, and hereafter may be granted to the state for the sup- 
port of common schools. The legislature may make further provisions 
for enlarging said fund. The interest accruing on said fund, together 
with all rentals and other revenues derived therefrom, and from lands 
and other property devoted to the common school fund, shall be exclu- 
sively applied to the current use of the common schools. 

Sec. 4. All schools maintained or supported wholly or in part by the 
public funds shall be forever free from sectarian control or influence. 

Sec. 5. All losses to the permanent common school or any other state 
educational fund, which shall be occasioned by defalcation, mismanage- 
ment or fraud of the agents or ofiicers controlling or managing the same, 
shall be audited by the proper authorities of the state. The amount so 
audited shall be a permanent funded debt against the state in favor of 
the particular fund sustaining such loss, upon which not less than 6 per 
cent, annual interest shall be paid. The amount of liability so created 
shall not be counted as a part of the indebtedness authorized and limited 
elsewhere in this constitution. 

ARTICLE X.— Militia. 

Section l. All able-bodied male citizens of this state between the 
ages of eighteen (18) and forty-five (45) years except such as are exempt 
by laws of the United States or by the laws of this state, shall be liable to 
military duty. 

Sec. 2. The legislature shall provide by law for organizing and disci- 
plining the militia in such manner as it may deem expedient, not incom- 
patible with the constitution and laws of the United States. Officers of 
the militia shall be elected or appointed in svich manner as the legislature 
shall from time to time direct, and shall be commissioned by the gover- 
nor. The governor shall have power to call forth the militia to execute 
the laws of the state to suppress insurrections and repel invasions. 

Sec. 8. The legislatui'e shall provide by law for the maintenance of a 
soldiers' home for honorably discharged Union soldiers, sailors, marines 
and members of the state militia disabled while in the line of duty and 
who are bona fide citizens of the state. 



CONSTITUTION. 89 



Sec. 4. The lep^islature shall provide by law for the protection and 
safe keeping of the public arms. 

Seo. 0. The militia shall, in all cases, except treason, felony and 
breach of the peace, be privileged from arrest during the attendance at 
musters and elections of officers, and in going to and returning from the 
same. 

Sec. 6. No person or persons, having conscientious scruples against 
bearing arms, shall be compelled to do militia duty in time of peace: 
Provided, Such person or persons shall pay an equivalent for such ex- 
em.ption. 

ARTICLE XI. — County, City and Tov^^nship Organization. 

Section 1. The several counties of the Territory of Washington exist- 
ing at the time of the adoption of this constitution are hereby recognized 
as legal subdivisions of this state. 

Sec. 2. No county seat shall be removed unless three-fifths of the 
qualified electors of the county, voting on the proposition at a general 
election, shall vote in favor of such removal, and three-fifths of all votes 
cast on the pi'oposition shall be required to relocate a county seat. A 
proposition of removal shall not be submitted in the same county more 
than once in four years. 

Sec. 3. No new county shall be established which shall reduce any 
county to a population less than four thousand (4,000), nor shall a new 
county be formed containing a less population than two thousand (2,000). 
There shall be no territory stricken from any county unless a majority 
of the voters living in such territory shall petition therefor, and then only 
under such other conditions as may be prescribed by a general law appli- 
cable to the whole state. Every county which shall be enlarged or cre- 
ated from territory taken from any other county or counties shall be 
liable for a just proportion of the existing debts and liabilities of the 
county or counties from which such territory shall be taken: Provided, 
That in such accounting neither county shall be charged with any debt 
or liability then existing, incurred in the purchase of any county prop- 
erty or in the purchase or construction of any county buildings then in 
use or under construction, which shall fall within and be retained by the 
county: Provided further, That this shall not be construed to affect the 
rights of creditors. 

Sec. 4. The legislature shall establish a system of county government 
which shall be uniform throughout the state, and by general laws shall 
provide for township organization, under which any county may organize 
whenever a majority of the qualified. electors of sucli county voting at a 
general election shall so determine, and whenever a covmty shall adopt 
township organization the assessment and collection of the revenue shall 
be made and the business of such county, and the local aft'airs of the sev- 
eral townships therein, shall be managed and transacted in the manner 
presci"ibed by such general law. 

Sec. 5. The legislatui-e, by general and uniform laws shall provide for 
the election in the several counties of boards of county commissioners, 



90 CONSTITUTION. 



sheriffs, county clerks, treasurers, prosecuting attorneys, and other 
county, township or precinct and district officers, as public conrenience 
may require, and shall prescribe their duties, and fix their term of office. 
It shall regulate the compensation of all such officers, in proportion to 
their duties, and for that purpose may classify the counties by popula- 
tion. And it shall provide for the strict accountability of such officers 
for all fees which may be collected by them, and for all pviblic moneys 
which maj^ be paid to them, or officially come into their possession. 

Sec. 6. The board of county commissioners in each county shall fill all 
vacancies occurring in any county, township, precinct or road district 
office of such county by appointment, and officers thus appointed shall 
hold office till the next general election, and until their successors are 
elected and qualified. 

Sec. 7. No county officer shall be eligible to hold his office more than 
two terms in succession. 

Sec. 8. The legislature shall fix the compensation by salaries of all 
county officers, and of constables in cities having a population of 5,000 
and upwards; except that public administrators, survej'ors and coroners 
maj^ or may not be salaried officers. The salary of any county, city, 
town, or municipal officer shall not be increased or diminished after his 
election, or during his term of office; nor shall the term of any such officer 
be extended beyond the period for which he is elected or appointed. 

Sec. 9. No county, nor the inhabitants thereof, nor the property 
therein, shall be released or discharged from its or their proportionate 
share of taxes to be levied for state purposes, nor shall commutation for 
such taxes be authorized in any form whatever. 

Sec. 10. Corporations for municipal purposes shall not be created by 
special laws; but the legislature, by general laws, shall provide for the 
incorporation, organization and classification in propoi'tion to population, 
of cities and towns, which laws may be altered, amended or repealed. 
Cities and towns heretofore organized, or incorporated, may become 
organized under such general laws whenever a majority of the electors 
voting at a general election shall so determine, and shall organize in con- 
formity therewith; and cities or towns heretofore or hereafter organized 
and all charters thereof framed or adopted by authority of this constitu- 
tion, shall be subject to and controlled by general laws. Any city con- 
taining a population of twenty thousand inhabitants, or more, shall be 
permitted to frame a charter for its own government, consistent with and 
subject to the constitution and laws of this state, and for such purpose the 
legislative authority of such city maj'' cause an election to be had, at 
which election there shall be chosen by the qualified electors of said city, 
fifteen freeholders thereof, who shall have been residents of said city for 
a period of at least two years preceding their election, and qualified elec- 
tors, whose duty it shall be to convene within ten days after their election, 
and prepare and propose a charter for such city. Such proposed charter 
shall be submitted to the qualified electors of said city, and if a majority 
of such qualified electors voting thereon ratify the same, it shall become 
the charter of said city, and shall become the organic law thereof, and 



CONSTITUTION. 91 



supersede any existing charter, including amendments thereto, and all 
special laws inconsistent with such charter. Said proposed charter shall 
be published in two daily newspapers pviblished in said city, for at least 
thirty days prior to the day of submitting the same to the electors for their 
approval, as above provided. All elections in this section authorized 
shall only be had upon notice, which notice shall specify the object of 
calling such election, and shall be given for at least ten days before the 
day of election in all election districts of said city. Said elections ma}' be 
general or special elections, and except as herein provided shall be gov- 
erned by the law regulating and controlling general or special elections 
in said city. Such charter may be amended by proposals therefor sub- 
mitted by the legislative authoritj^ of such cit.y to the electors thereof at 
any general election after notice of said submission published as above 
specified, and ratified by a majority of the qualified electors voting 
thereon. In submitting any such charter, or amendment thereto, any 
alternate article or proposition may be presented for the choice of the 
voters, and may be voted on separately without prejudice to others. 

Sec. 11. Any county, city, town or township maj' make and enforce 
within its limits all such local police, sanitai'y and other regulations as 
are not in conflict with general laws. 

Sec. 12. The legislature shall have no power to impose taxes upon 
counties, cities, towns or other municipal corporations, or upon the in- 
habitants or property thereof, for county, city, town, or other municipal 
purposes, but may by general laws vest in the corporate authorities 
thereof the power to assess and collect taxes for such purposes. 

Sec. 13. Private property shall not be taken or sold for the payment of 
the corporate debt of any public or municipal corporation, except in the 
mode provided by law for the levy and collection of taxes. 

Sec. 14. The making of profit out of county, city, town or other public 
money, or using the same for any purpose not authorized by law, by any 
officer having the possession or control thereof, shall be a felonj^ and 
shall be prosecuted and punished as prescribed by law. 

Sec. 15. All moneys, assessments and taxes belonging to or collected 
for the use of any county, city, town or other public or municipal cor- 
poration, coming into the hands of any ofiicer thereof, shall immediatelj' 
be deposited with the treasurer, or other legal depositai'y to the credit of 
such city, town, or other corporation respectively, for the benefit of the 
funds to which they belong. ' 

ARTICLE XII. — Corporations Other Than Municipal. 

Section 1. Corporations may be formed under general laws, but shall 
not be created by special acts. All laws relating to corporations may be 
altered, amended or repealed by the legislature at any time, and all cor- 
poi^ations doing business in this state may, as to such business, be regu- 
lated, limited or restrained by law. 

Sec. 3. All existing charters, franchises, special or exclusive privileges, 
under which an actual and bona fide organization shall not have taken 
place, and business been commenced in good faith, at the time of the 
adoption of this constitution shall thereafter have no validity. 



92 CONSTITUTION. 



Sec. 3. The legislature shall not extend any franchise or charter, nor 
remit the forfeiture of any franchise or charter of any corporation now 
existing, or which shall hereafter exist under the laws of this state. 

Sec. 4. Each stockholder in all incorporated companies, except cor- 
porations organized for banking or insurance purposes shall be liable for 
the debts of the corporation to the amount of his unpaid stock and no 
more, and one or more stockholders may be joined as parties defendant 
in suits to recover upon this liability. 

Sec. 5. The term corporations, as used in this article, shall be con- 
strued to include all associations and joint stock companies having any 
powers or privileges of corporations not possessed by individuals or 
partnerships, and all corporations shall have the right to sue and shall 
be subject to be sued, in all courts, in like cases as natural persons. 

Sec. 6. Corporations shall not issue stock, except to bona fide sub- 
scribers therefor, or their assignees; nor shall any corporation issue any 
bond, or other obligation, for the payment of money, except for money 
or property received or labor done. The stock of corporations shall not 
be increased, except in pursuance of a general law, nor shall any law 
authorize the increase of stock, without the consent of the person or per- 
sons holding the larger amount in value of the stock, nor without due 
notice of the proposed increase having been previously given in such 
manner as maj^ be prescribed hy law. All fictitious increase of stock or 
indebtedness shall be void. 

Sec. 7. No corporation organized outside the limits of this state shall 
be allowed to transact business within the state on more favorable con- 
ditions than are prescribed by laAv to similar corporations organized 
under the laws of this state. 

Sec. 8. No corporation shall lease or alienate anj^ franchise, so as to 
relieve the franchise, or property held thereunder, from the liabilities of 
the lessor, or grantor, lessee, or grantee, contracted or incurred in the 
operation, use, or enjoyment of such franchise or any of its privileges. 

Sec. 9. The state shall not in any manner loan its credit, nor shall it 
subscribe to, or be interested in, the stock of any company, association 
or corporation. 

Sec. 10. The exercise of the right of eminent domain shall never be so 
abridged or construed as to prevent the legislature from taking the prop- 
erty and franchises of incorporated companies, and subjecting them to 
public use the same as the property of individuals. 

Sec. 11. No corporation, association, or individual shall issue or put 
in circulation as money anything but the lawful money of the United 
States. Each stockholder of any banking or insurance corporation or 
joint stock association, shall be individually and personally liable equally 
and ratably and not one for another, for all contracts, debts and en- 
gagements of such corporation or association accruing while they remain 
such stockholders to the extent of the amount of their stock therein at 
the par value thereof, in addition to the amount invested in such shares. 

Sec. 12. Any president, director, manager, cashier, or other officer of 
any banking institution who shall receive or assent to the reception of 



CONSTITUTION. 93 



deposits after he shall have knowledge of the fact that such iDanking in- 
stitution is insolvent or in failing circumstances shall he individuality 
responsible for such deposits so received. 

Sec. 13. All railroad, canal and other transportation companies are 
declared to be common carriers and subject to legislative conti-ol. Any 
association or corporation oi'ganized for the purpose, under the laws of 
this state, shall have the right to connect at the state line with railroads 
of other states. Every railroad company shall have the right with its 
road, whether the same is now constructed or may hereafter be con- 
structed, to intersect, cross or connect with any other railroad, and when 
svxch railroads are of the same or similar gauge they shall, at all crossings 
and at all points where a railroad shall begin or terminate at or near any 
other railroad, form proper connections so that the cars of any such rail- 
road companies may be speedily transferred from one railroad to another. 
All railroad companies shall receive and transport each the other's pas- 
sengei's, tonnage and cars without delay or discrimination. 

Skc. 14. No I'ailroad company or other common carrier shall combine 
or make any contract with the owners of nuj vessel that leaves port or 
makes port in this state, or with any common carrier, by which combi- 
nation or contract the earnings of one doing the carrying are to be 
shared by the other not doing the cai'rying. 

Sec. 15. No discrimination in charges or facilities for transportation 
shall be made by any railroad or other transportation company between 
places or persons, or in the facilities for the transportation of the same 
classes of freight or passengers within this state, or coming from or going 
to any other state. Pei'sons and property transported over any railroad, 
or by any other transportation company, or indiA-idual, shall be delivered 
at any station, landing or port at charges not exceeding the charges for 
the transportation of persons and property of the same class, in the same 
direction, to any more distant station, port or landing. Excursion and 
commutation tickets may be issued at special rates. 

Sec. 16. No railroad corporation shall consolidate its stock, property 
or franchises with anj'' other railroad corporation owning a competing 
line. 

oSec. 17. The rolling stock and other movable property belonging to 
any railroad company or corporation in this state shall be considei*ed 
personal property, and shall be liable to taxation and to execution and 
sale in the same manner as the personal property of individuals, and 
such property shall not be exempted from execution and sale. 

Sec. 18. The legislature shall pass laws establishing reasonable maxi- 
mum rates of charges for the transportation of passengers and freight, 
and to correct abuses and to i^revent discrimination and extortion in the 
rates of freight and passenger tariffs on the different railroads and other 
common cariiers in the state, and shall enforce siich laws by adequate 
penalties. A railroad and transportation commission may be established 
and its powers and duties fully defined by law. 

Sec. 19. Any association or corporation, or the lessees or managers 
thereof, organized for the purpose, or any individual, shall have the right 



94 CONSTITUTION. 



to construct and maintain lines of telegraph and telephone within this 
state, and said companies shall receive and transmit each other's mes- 
sages without delay or discrimination, and all of such companies are hereby 
declared to be common carriers and subject to legislative control. Rail- 
road corporations organized or doing business in this state shall allow 
telegraph and telephone corporations and companies to construct and 
maintain telegraph lines on and along the rights-of-way of such railroads 
and railroad comjjauies, and no railroad corporation organized or doing 
business in this state shall allow any telegraph coi'poration or company 
any facilities, ijrivileges or rates for transportation of men or material 
or for repairing their lines not allowed to all telegraph companies. The 
right of eminent domain is hereby extended to all telegraph and tele- 
phone companies. The legislature shall, by general law of uniform opera- 
tion, provide reasonable regulations to give effect to this section. 

Sec. 20. No railroad or other transportation company shall grant free 
passes, or sell tickets or passes at a discount, other than as sold to the 
public generally, to any member of the legislature, or to any person hold- 
ing any public office ^^dthiu this state. The legislature shall pass laws to 
carrjr this provision into effect. 

Sec. 21. Railroad companies now or hereafter organized or doing busi- 
ness in this state, shall allow all express companies organized or doing 
business in this state, transportation over all lines of railroad owned or 
operated by such railroad companies vipon equal terms with any other 
express company, and no railroad corporation organized or doing busi- 
ness in this state shall allow any express corporation or company any 
facilities, privileges or rates for transportation of men or materials or 
proi^erty carried by them or for doing the business of such express com- 
panies not allowed to all exj^ress companies. 

Sec. 22. Monopolies and trusts shall never be allowed in this state, 
and no incorporated company, copartnei'ship, or association of persons 
in this state shall directly or indirectly combine or make any contract 
with any other incorporated company, foreign or domestic, throvigh their 
stockholders, or the trustees or assignees of such stockholders, or with 
any copartnership or association of persons, or in any manner M^iatever, 
for the purpose of fixing the price or limiting the production or regulat- 
ing the transportation of any product or commodity. The legislature 
shall pass laws for the enforcement of this section by adequate penalties, 
and in case of incorporated companies, if necessary for that jourpose, 
may declare a forfeiture of their franchise. 

ARTICLE XIIL — State Institutions. 

Section 1. Educational, reformatory and penal institutions, those for 
the benefit of blind, deaf, dumb or otherwise defective youth, for the in- 
sane or idiotic, and such other institutions as the public good may re- 
quire, shall be fostered and supported by the state, subject to such regu- 
lations as may be provided by law. The regents, trustees, or commis- 
sioners of all such institutions existing at the time of the adoption of this 
constitution, and of such as shall thereafter be established by law, shall 



CONSTITUTION. 95 



be appointed by the governor, by and with the advice and consent of the 
senate; and upon all nominations made by the governor, the question 
shall be taken by the ayes and noes, and entered upon the journal. 

ARTICLE XIV.— Seat of Government. 

Section 1. The legislature shall have no power to change, or to locate 
the seat of government of this state; but the question of the permanent 
location of the seat of government of the state shall be submitted to the 
qualified electors of the territory, at the election to be held for the 
adoption of this constitution. A majority of all the votes cast at said 
election, upon said question, shall be necessary to determine the perma- 
nent location of the seat of government for the state; and no place shall 
ever be the seat of government which shall not receive a majority of the 
votes cast on that matter. In case there shall be no choice of location at 
said first election, the legislature shsJli, at its first regular session after 
the adoption of this constitution, provide for submitting to the qualified 
electors of the state, at the next succeeding general election thereafter, 
the question of choice of location between the three places for which the 
highest number of votes shall have been cast at the said first election. 
Said legislature shall provide further that in case there shall be no choice 
of location at said second election, the question of choice between the 
two places for which the highest number of votes shall have been cast, 
shall be svibmitted in like manner to the qualified electors of the state at 
the next ensuing general election: Provided, That until the seat of gov- 
ernment shall have been permanently located as herein provided, the 
temporary location shall remain at the city of Olympia. 

Sec. 2. When the seat of government shall have been located as herein 
provided, the location thereof shall not thereafter be changed except by 
a vote of two-thirds of all the qualified electors of the state voting on 
that question, at a general election, at which the question of location of 
the seat of government shall have been submitted by the legislature. 

Sec. 3. The legislature shall make no appropriations or expenditures 
for capitol buildings or grounds, except to keep the territorial capitol 
buildings and grounds in repair, and for making all necessary additions 
thereto, until the seat of government shall have been permanently 
located, and the public buildings are erected at the permanent capital in 
pursuance of law. 

ARTICLE XV.— Harbors and Tide Waters. 

Section 1. The legislature shall provide for the appointment of a com- 
mission whose duty it shall be to locate and establish harbor lines in the 
navigable waters of all harbors, estuaries, bays and inlets of this state, 
wherever such navigable waters lie within or in front of the corporate 
limits of any city or within one mile thereof upon either side. The state 
shall never give, sell or lease to any private person, corporation or asso- 
ciation any rights whatever in the waters beyond such harbor lines, nor 
shall any of the area lying between any harbor line and the line of ordi- 
nary high tide, and within not less than fifty feet nor more than 600 feet 



96 CONSTITUTION. 



of such harbor line (as the commission shall determine) be sold or granted 
by the state, nor its rights to control the same relinquished, but such area 
shall be forever reserved for landings, wharves, streets and other con- 
veniences of navigation and commerce. 

Sec. 2. The legislature shall provide general laws for the leasing of the 
right to build and maintain wharves, docks and other structures, upon the 
areas mentioned in section 1 of this article, but no lease shall be made for 
anj' tei'm longer than thirty years, or the legislature may provide bj^ gen- 
eral laws for the building and maintaining upon such area wharves, 
docks and other structures. 

Sec. 3. Municipal corporations shall have the right to extend their 
streets over intervening tide lands to and across the area reserved as 
herein pi'ovided. 

ARTICLE XVI. — ScHom. and Granted Lands. 

Section 1 . All the public lands granted to the state are held in trust 
for all the peoi^le, and none of such lands, nor any estate or interest 
therein, shall ever be disposed of unless the full market value of the estate 
or interests disposed of, to be ascertained in such manner as may be pro- 
vided by law, be paid or safely secured to the state; nor shall any lands 
which the state holds by grant from the United States (in any case in 
which the manner of disposal and minimum price are so prescribed) be 
disposed of except in the manner and for at least the price prescribed in 
the grant thereof, without the consent of the United States. 

Sec. 2. None of the lands granted to the state for educational purposes 
shall be sold otherwise than at public auction to the highest bidder, the 
value thereof, less the improvements, shall, before any sale, be appraised 
bj^ a board of appraisers, to be provided bj^ law. The terms of payment 
olso to be prescribed by law, and no sale shall be valid unless the sum bid 
be equal to the appraised value of said land. In estimating the value of 
such lands for disposal, the value of improvements thereon shall be ex- 
cluded: Provided, That the sale of all school and imiversity land hereto- 
fore made b,y the commissioners of anj"^ county or the universitj^ 
commissioners, when the purchase price has been paid in good faith, may 
be confirmed by the legislature. 

Sec. 3. No moi-e than one-fourth of the land granted to the state for 
educational purposes shall be sold prior to January 1, 1895, and not more 
than one-half prior to January 1, 1905: Provided, That nothing herein 
shall be so construed as to prevent the state from selling the timber or 
stone off of any of the state lands in such manner and on such terms as 
may be prescribed bj^ law: And provided f^irther, That no sale of timber 
lands shall be valid unless the full value of such lands is paid or secured 
to the state. 

Sec. 4. No more than one hundred and sixty (160) acres of any gi'anted 
lauds of the state shall be offered for sale in one parcel, and all lands 
within the limits of any incorporated city or within two miles of the boun- 
dary of any incorporated city, where the valuation of such lands shall be 
found by appraisement to exceed one hundred dollars ($100) per acre shall. 



CONSTITUTION. 97 



before the same be sold, be platted into lots and blocks of not more than 
five acres in a block, and not more than one block shall be offered for sale 
in one parcel. 

Sec. 5. None of the permanent school fund shall ever be loaned to 
private persons or corporations, but it may be invested in national, state, 
county or municipal bonds. 

ARTICLE XVIL — Tide Lands. 

Section 1. The State of Washington asserts its ov^nei'ship to the beds 
and shores of all navigable waters in the state up to and including the 
line of ordinary high tide in waters where the tide ebbs and flows, and 
up to and including the line of ordinary high water within the banks of 
all navigable rivers and lakes: Provided, That this section shall not be 
construed so as to debar any person from asserting his claim to vested 
rights in the courts of the state. 

Sec. 2. The State of Washington disclaims all title in and claim to all 
tide, swamp and overflowed lands, patented by the United States: Pro- 
vided, The same is not impeached for fraud. ^ 

ARTICLE X VIII. — State Seal. 

Section 1 . The seal of the State of Washington shall be a seal encir- 
cled with the words: "The seal of the State of Washington," with the 
vignette of Gen. George Washington as the central figure, and beneath 
the vignette the figures "1889." 

ARTICLE XIX.— Exemptions. 

Section 1. The legislature shall protect by law from forced sale a cer- 
tain portion of the homestead and other property of all heads of families. 

ARTICLE XX.— Public Health and Vital Statistics. 

Section 1. There ffhall be established by law a state board of health 
and a bureau of vital statistics in connection therewith, with such powers 
as the legislature may direct. 

Sec. 2. The legislature shall enact laws to regulate the practice of 
medicine and surgery, and the sale of drugs and medicines. 

ARTICLE XXL — Water and Water Rights. 

Section 1 . The use of the waters of this statef or irrigation, mining and 
manufacturing purposes shall be deemed a public use. 

ARTICLE XXII.— Legislative Apportionments. 

Section 1. Until otherwise provided by law, the state shall be divided 
into twenty-four (24) senatorial districts, and said districts shall be con- 
stituted and numbered as follows: The counties of Stevens and Spokane 
shall constitute the first district, and be entitled to one senator; the 
county of Spokane shall constitute the second district, and be entitled to 
three senators; the county of Lincoln shall constitute the third district, 
and be entitled to one senator; the counties of Okanogan, Lincoln, 
— 7 



98 CONSTITUTION. 



Adams and Franklin shall constitute the fourth district, and be entitled 
to one senator; the county of Whitman shall constitute the fifth disti-ict, 
and be entitled to three senators; the counties of Garfield and Asotin 
shall constitute the sixth district, and be entitled to one senator; the 
county of Columbia shall constitute the seventh district, and be entitled 
to one senator; the county of Walla Walla shall constitute the eighth dis- 
trict, and be entitled to two senators; the counties of Yakima and Doug- 
las shall constitute the ninth district, and be entitled to one senator; the 
county of Kittitas shall constitute the tenth district, and be entitled to 
one senator; the counties of Klickitat and Skamania shall constitute the 
eleventh district, and be entitled to one senator; the county of Clarke 
shall constitute the twelfth district, and be entitled to one senator; the 
county of Cowlitz shall constitute the thirteenth district, and be entitled 
to one senator; the county of Lewis shall constitute the fourteenth dis- 
trict, and be entitled to one senator; the counties of Pacific and Wahkia- 
kum shall constitute the fifteenth district, and be entitled to one senator; 
the countjr of Thurston shall constitute the sixteenth district, and be en- 
titled to one senator; tlje county of Chehalis shall constitute the seven- 
teenth district, and be entitled to one senator; the county of Pierce shall 
constitute the eighteenth district, and be entitled to three senators; the 
county of King shall constitute the nineteenth district, and be entitled to 
■five senators; the counties of Mason and Kitsap shall constitute the 
twentieth district, and be entitled to one senator; the counties of Jeffer- 
son, Clallam and San Juan shall constitute the twenty-first district, and 
be entitled to one senator; the county of Snohomish shall constitute the 
twenty-second district, and shall be entitled to one senator; the comities 
of Skagit and Island shall constitute the twenty-third district, and be en- 
titled to one senator; the county of Whatcom shall constitute the twenty- 
fourth district, and be entitled to one senator. 

Sec. 2. Until otherwise provided by law, the representatives shall be 
divided among the several counties of the state in the following manner: 
The county of Adams shall have one representative; the county of Asotin 
shall have one representative; the county of Chehalis shall have two 
representatives; the county of Clarke shall have three representatives; 
the county of Clallam shall have one representative; the county of Col- 
umbia shall have' two representatives; the county of Cowlitz shall have 
one representative; the county of Douglas shall have one representative; 
the county of Franklin shall have one reioresentative; the county of Gar- 
field shall have'one representative; the county of Island shall haA'e one 
representative; the county of Jefferson shall have two representatives; 
the coimty of Kings shall have eight representatives; the county of Klicki- 
tat shall have two representatives; the countj' of Kititas shall ha-\-e two 
representatives; the county of Kitsap shall have one representative; 
the county of Lewis shall have two representatives; tlie county of Lin- 
coln shall have two representatives; the county of Mason shall have 
one representative; the county of Okanogan shall have one represen- 
tative; the county of Pacific shall have one representative; the count}^ 
of Pierce shall have six representatives; the county of San Juan shall 
have one repi'esentative; the county of Skamania shall have one repre- 



CONSTITUTION. 99 



sentative; the county of Snohomish shall haA'e two representatives; the 
county of Skagit shall have two representatives; the county of Spokane 
shall have six representatives; the county of Stevens shall have one 
representative; the county of Thurston shall have two repi-esentatives; 
the county Walla Walla shall have three representatives; the county of 
Wahkiakum shall have one representative; the county of Whatcom shall 
have two representatives; the county of Whitman shall have five repre- 
sentatives; the county of Yakima shall have one representative. 

ARTICLE XXIII.— Amendments. 

Section 1. Any amendment or amendments to this constitution may 
be proposed in either branch- of the legislature; and if the same shall be 
agreed to by two-thirds of the members elected to each of the two houses, 
such jjroposed amendment or amendments shall be entered on their jour- 
nals, with the ayes and noes thereon, and be submitted to the qualified 
electors of the state for their approval, at the next general election, and 
if the people approve and ratify such amendment or amendments, by a 
majority of the electors voting thereon, the same shall become part of 
this constitution, and proclamation thereof shall be made by the gover- 
nor: Provided, That if more than one amendment be submitted, they shall 
be submitted in such a manner that the people may vote for or against 
such amendment separately. The legislature shall also cause the amend- 
ments that are to be submitted to the people to be published for at least 
three months next preceding the election, in some weekly newspaper, in 
every county where a newspaper is published throughout the state. 

Sec. 3. Whenever two-thirds of the members elected to each branch 
of the legislature shall deem it necessary to call a convention to revise or 
amend this constitution, they shall recommend to the electors to vote at 
the next general election, for or against a convention, and if a majority 
of all the electors voting at said election shall have voted for a conven- 
tion, the legislature shall at the next session, provide by law for calling 
the same; and such convention shall consist of a number of members, 
not less than that of the most numerous branch of the legislature. 

Sec. 3. Any constitution adopted by such convention shall have no 
validity until it has been submitted to and adopted by the people. 

ARTICLE XXIV. — Boundaries. 

Section 1 . The boundaries of the State of Washington shall be as fol- 
lows: Beginning at a point in the Pacific Ocean one marine league due 
west of and opposite the middle of the mouth of the north ship channel 
of the Columbia river, thence running easterly to and up the middle 
channel of said river and where it is divided by islands up the middle of 
the widest channel thereof to where the foi'ty-sixth parallel of north lat- 
itude crosses said river, near the mouth of the Walla Walla river; thence 
east on said forty-sixth parallel of latitude to the middle of the main 
channel of the Shoshone or Snake river; thence follow down the middle 
of the main channel of Snake river to a point opposite the mouth of the 
Kooskooskia or Clear Water river; thence due north to the forty-ninth 
parallel of north latitude; thence west along said forty-ninth parallel of 



100 CONSTITUTION. 



north latitude to the middle of the channel which separates Vancouver's 
island from the continent, that is to say to a point in longitude 123 de- 
grees, 19 minutes and 15 seconds west; thence following the boundai'y 
line between the United States and British possessions through the chan- 
nel which separates Vancouver's Island from the continent to the termin- 
ation of the boundary line between the United States and British posses- 
sions at a point in the Pacific Ocean equidistant between Bonnilla point on 
Vancouver's Island and Tatoosh Island lighthouse; thence running in a 
southerly course and parallel with the coast line, keeping one marine 
league off shore, to place of beginning. 

ARTICLE XXV. — JuKisDiCTiON. 

Section 1. The consent of the State of Washington is hereby given to 
the exercise, by the congress of the United States, of exclusive legislation 
in all cases whatsoever over such tracts or parcels of land as are now 
held or reserved by the government of the United States for the purpose 
of erecting or maintaining thereon forts, magazines, arsenals, dock- 
yards, light-houses and other needful buildings, in accordance with the 
jjrovisions of the seventeenth paragraph of the eighth section of the first 
article of the constitution of the United States: Provided, That a suffi- 
cient description by metes and bounds, and an accurate plat or map of 
each such tract or parcel of land be filed in the proper office of record in 
the county in which the same is situated, together with copies of the orders, 
deeds, patents or other evidences in writing of the title of the United 
States: And provided , That all civil process issued from the courts of this 
state, and such criminal process as may issue under the authority of this 
state, against any person charged with crime in eases arising outside of 
such reservations, may be served and executed thereon in the same mode 
and manner, and by the same officers, as if the consent herein given had 
not Ijeen made. 

ARTICLE XXVL — Compact with the United States. 

The following ordinance shall be irrevocable without the consent of 
the United States and the people of this state: 

First: That perfect toleration of religious sentiment shall be secured, 
and that no inhabitant of this state shall ever l^e molested in person or 
property on account of his or her mode of religious worship. 

Second: That the people inhabiting this state do agree and declare that 
they forever disclaim all right and title to the unappropriated public 
lands lying within the boundaries of this state, and to all lands lying 
within said limits owned or held by any Indian or Indian tribes; and that, 
until the title thereto shall have been extinguished by the United States, 
the same shall be and remain subject to the disposition of the United 
States, and said Indian lands shall remain under the absolute jurisdiction 
and control of the congress of the United States, and that the lands be- 
longing to citizens of the United States residing without the limits of this 
state shall never be taxed at a higher rate than the lands belonging to resi- 
dents thereof, and that no taxes shall be imposed bj' the state on lauds or 
property therein belonging to or which may be hereafter purchased by the 



CONSTITUTION. 101 



United States or reserved for use: Provided, That nothing in tliis ordi- 
nance shall preclude the state from taxing, as other lands are taxed, any 
lands owned or held by any Indian who has severed his tribal relations, 
and has obtained from the United States or from any person a title 
thereto by patent or other grant, save and except such lands as have been 
or may be granted to any Indian or Indians under any act of congress 
containing a provision exempting the lands thus granted from taxation, 
which exemption shall continue so long and to such an extent as such act 
of congress may prescribe. 

Third: The debts and liabilities of the Territory of Washington, and 
payment of the same, are hereby assumed by this state. 

Fourth: Provision shall be made for the establishment and mainten- 
ance of systems of public schools free from sectarian control, which shall 
be open to all the children of said state. 

ARTICLE XXVIL— Schedule. 

In order that no inconvenience may arise by reason of a change from 
a territorial to a state government, it is hereby declared and ordained as 
follows: 

Section 1. No existing rights, actions, suits, proceedings, contracts or 
claims shall be affected by a change in the foi'm of government, but all 
shall continue as if no such change had taken place; and all process 
which may have been issued under the authority of the Territory of 
Washington preAaous to its admission into the Union shall be as valid as 
if issued in the name of the state. 

Sec. 2. All laws now in force in the Territory of Washington, which 
are not repugnant to this constitution, shall remain in force until they 
expire by their own limitation, or are altered or repealed by the legisla- 
ture: Provided, That this section shall not be so construed as to validate 
any act of the legislature of Washington territory granting shore or tide- 
lands to any person, company or any municipal or private corporation. 

Sec. 3. All debts, fines, penalties and forfeitures, which have accrued, 
or may hereafter accrue, to the Territory of Washington, shall inure to 
the State of Washington. 

Sec. 4. All recognizances heretofore taken, or which may be taken 
before the change from a territorial to a state government, shall remain 
valid, and shall pass to and may be prosecuted in the name of the 
state, and all bonds executed to the Territory of Washington or to any 
county or municipal corporation, or to any oflB,cer or court in his or its 
official capacity, shall pass to the state authorities and their successors 
in office, for the uses therein expressed, and may be sued for and recov- 
ered accordingly, and all the estate, i*eal, personal and mixed, and all 
judgments, decrees, bonds, specialties, choses in action, and claims or 
debts, of whatever description, belonging to the Territory' of Washing- 
ton, shall inure to and vest in the State of Washington, and may be sued 
for and recovered in the same manner, and to the same extent, by the 
State of Washington, as the same could have been by the Territory of 
Washington. 

Sec. 5. All criminal prosecutions and penal actions which may have 



102 CONSTITUTION. 



arisen, or which may arise, before the change from a territorial to a state 
government, and which shall then be pending, shall be prosecuted to judg- 
ment and execution in the name of the state. All offenses committed 
against the laws of the Territory of Washington, before the change from 
a territorial to state government, and which shall not be prosecuted be- 
fore such change, may be prosecuted in the name and by the authority 
of the State of Washington, with like effect as though such change had 
not taken place; and all penalties incurred shall remain the same as if 
this constitution had not been adopted. All' actions at law and suits in 
equity which may be pending in any of the courts of the Territory of 
Washington, at the time of a change from a territorial to a state govern- 
ment, shall be continued, and transferred to the court of the state having 
jurisdiction of the subject matter thereof. 

Sec. 6. All officers now holding their office under the authority of the 
United States, or of the Territory of Washington, shall continue to hold 
and exercise their respective offices until they shall be superseded by the 
authority of the state. 

Sec. 7. All officers provided for in this constitution, including a county 
clefk for each county, when no other time is fixed for their election, shall 
be elected at the election to be held for the adoption of this constitution 
on the first Tuesday of October, 1889. 

Sec. 8. Whenever the judge of the superior court of any county, elected 
or appointed under the provisions of this constitution, shall have qualified, 
the several causes then pending in the district court of the territory, ex- 
cept such causes as would have been within the exclusive jurisdiction of 
the United States district court, had such coui^t existed at the time of the 
commencement of such causes within such county, and the records, papers 
and proceedings of said district court, and the seal and other property 
pertaining thereto, shall pass into the jurisdiction and possession of the 
superior court of such county. And where the same judge is elected for 
two or more counties, it shall be the duty of the clerk of the district court 
having custody of such papers and records to transmit to the clerk of 
such county, or counties other than that in which such records are kept, 
the original papers in all cases pending in such district court and belong- 
ing to the jurisdiction of such county or counties, together with transcript 
of so miich of the records of said district covirt as relate to the same; and 
until the district courts of the territory shall be superseded in manner 
aforesaid, the said district courts and the judges thereof, shall continue 
with the saine jurisdiction and powers, to be exercised in the same judicial 
districts respectively, as heretofore constituted under the laws of the ter- 
ritory. Whenever a quorum of the judges of the supreme court of the 
state shall have been elected and qualified, the causes then pending in 
the supreme court of the territory, except such causes as would have 
been within the exclusive jurisdiction of the United States circuit court, 
had such court existed at the time of the commencement of such causes, 
and the papers, records and proceedings of said court, and the seal and 
other property pertaining thereto, shall pass into the jurisdiction and 
possession of the supreme court of the state, and until so supei^seded, the 
supreme court of the territory and the judges thereof shall continue 



CONSTITUTION. 103 



with like powers and jurisdiction as if this constitution had not been 
adopted. 

Sec. 9. Until otherwise provided by law, the seal now in use in the 
supreme court of the territory shall be the seal of the supreme court of 
the state. The seal of the superior courts of the several counties of the 
state shall be, until othei'wise provided by law, the vignette of General 
George Washington, with the words: "Seal of the superior court of 

county," sui-rounding the vignette. The seal of municipalities and 

of all county officers of the territory, shall be the seals of such munici- 
palities and county officers, respectiA'^ely, under the state, until otherwise 
provided by law. 

Sec. 10. When the state is admitted into the Union, and the superior 
courts ill their respective counties organized, the books, records, papers 
and proceedings of the probate court in each county, and all causes and 
matters of administration pending therein, shall, upon the expiration of 
the term of office of the probate judges, on the second Monday in Jan- 
uary, 1891, pass into the jimsdiction and possession of the superior court 
of the same county created by this constitution, and the said court shall 
proceed to final judgment or decree, order or other determination in the 
several matters and causes as the territorial probate court might have 
done if this constitution had not been adopted. And until the expiration 
of the term of office of the probate judges, such probate judges shall per- 
form the duties now imposed upon them by the laws of the territory. 
The superior courts shall have appellate and revisory jurisdiction over 
the decisions of the probate courts, as now provided hj law, until such 
latter courts expire by limitation. 

Sec. 11. The legislature, at its first session, shall provide for the elec- 
tion of all officers whose election is not provided for elsewhere in this 
constitution, and fix the time for the commencement and duration of 
their term. 

Sec. 12. In case of a contest of election between candidates, at the first 
general election under this constitution, for judges of the superior courts, 
the evidence shall be taken in the manner prescribed by the territorial laws 
and the testimony so taken shall be certified to the secretary of state; and 
said officer, together with the governor and treasurer of state, shall review 
the evidence and determine who is entitled to the certificate of election. 

Sec. 13. One representative in the congress of the United States shall 
be elected from the state at large, at the first election provided for in this 
constitution, and thereafter at such times and places and in such manner 
as may be prescribed by law. When a new apportionment shall be made 
by congress, the legislature shall divide the state into congressional dis- 
tricts, in accordance with such apportionment. The vote cast for repre- 
rentative in congress, at the first election, shall be canvassed, and the 
result determined in the manner provided for by the laws of the territoiy 
for the canvass of the vote for delegate in congress. 

Sec. 14. All district, county and precinct officers, who may be in office 
at the time of the adoption of this constitution, and the county clerk of 
each county elected at the first election, shall hold their respective offices 
until the second Monday of January, A. D. 1891, and until such time as 



104 CONSTITUTION. 



their successors may be elected and qualified, in accordance with the 
provisions of this constitution; and the official bonds of all such officers 
shall continue in full force and effect as though this constitution had not 
been adopted, and such officers shall continue to receive the compensa- 
tion now provided until the same be changed by law. 

Sec. 15. The election held at the time of the adoption of this constitu- 
tion shall be held and conducted in all respects according to the laws of 
the territory and the votes cast at said election for all officers (where no 
other provisions are made in this constitution), and for the adoption of 
this constitution, and the several separate articles and the location of the 
state capital, shall be canvassed and returned in the several counties in 
the manner provided by territorial laws, and shall be retui-ned to the 
secretary of the territory in the manner provided by the enabling act. 

Sec. 16. The provisions of this constitution shall be in forceifrom the 
day on which the president of the United States shall issue his proclama- 
tion declaring the State of Washington admitted into the Union, and the 
terrns of all officers elected at the first election under the provisions of 
this constitution shall commence on the Monday next succeeding the 
issue of said proclamation, imless otherwise provided herein. 

Sec. 17. The following separate articles shall be submitted to the peo- 
ple for adoption or rejection at the election for the adoption of this con- 
stitution: 

Separate article. No. 1. "All persons, male and female, of the age of 
21 years or over, possessing the qualiUcations provided by this constitu- 
tion, shall be entitled to vote at all elections." 

Separate article, No. 2. "It shall not be lawful for any individual, 
company or corporation, within the limits of this state, to manufacture, 
or cause to be manufactured, or to sell, or offer for sale, or in any manner 
dispose of any alcoholic, malt or spiritons liquors, except for medicinal, 
sacramental or scientific purposes." 

If a majority of the ballots cast at said elrction on said separate arti- 
cles be in favor of the adoption of either of said separate articles, then 
such separate article so receiving a majority shall become a part of this 
constitution and shall govern and control any provision of the constitu- 
tion in conflict therewith. 

Sec. 18. The form of ballot to be used in voting for or against this 
constitution or for or against the separate articles, or for the permanent 
location of the seat of government, shall be: 

1. For the Constitution 

Against the Constitution 

2. For Woman Suffrage Article 

Against Woman Suffrage Article 

3. For Prohibition Article 

Against Prohibition Article 

4. For the permanent location of the seat of Government. [Name 
of place voted for.] 

Sec. 19. The legislature is herebj'' authorized to appropriate froin the 
state treasurjr sufficient money to pay any of the expenses of this conven- 
tion not proA^ided for by the enabling act of congress. 



CONSTITUTION. 



105. 



CERTIFICATE. 

We, the undersigned, members of the Convention to form a Constitu- 
tution for the State of Washington, wliich is to be submitted to the peo- 
ple for their adoption or rejection, do liereby declare this to be the Con- 
stitution formed by us, and in testimony thereof, do hereunto set our 
hands, this the twenty-second day of August, anno domini, one thousand 
eight hundred and eighty-nine. 



JOHN P. HOYT, President, 
J. J. BROWE, 
N. G. BLALOCK, 
JOHN F. GOWEY, 
FRANK M. DALLAM, 
JAMES Z. MOORE, 
E. H. SULLIVAN, 
GEORGE TURNER, 
AUSTIN MIRES, 
M. M. GODMAN, 
GWIN HICKS, 
WM. F. PROSSER, 
LOUIS SOHNS, 

A. A. LINDSLEY, 

J. J. WEISENBURGER 
P. C. SULLIVAN, 
R. S. MORE, 
THOMAS T. MINOR. 
J. J. TRAVIS, 
ARNOLD J. WEST, 
CHARLES T. FAY, 
CHARLES P. COEY, 
ROB'T F. STURDEVANT, 
JOHN A. SHOUDY, 
ALLEN WEIR, 
W. B. GRAY, 
TRUSTEN P. DYER, 
GEO. H. JONES, 

B. L. SHARPSTEIN, 
H. M. LILLIS, 

J. F. VAN NAME, 
ALBERT SCHOOLEY, 
H. C. WILSON, 
T. M. REED, 
S. H. MANLY, 
RICHARD JEFFS. 

Attest: 



FRANCIS HENRY, 
GEORGE COMEGYS, 
OLIVER H. JOY, 
DAVID E. DURIE, 
D. BUCHANAN, 
JOHN R. KINNEAR, 
GEORGE W. TIBBETTS, 
H. W. FAIRWEATHER, 
THOMAS C. GRIFFITTS, 

C. H. WARNER, 

J. P. T. McCROSKEY, 

S. C. COSGROVE, 
THOS. HAYTON, 

SAM'L. H. BERRY, 

D. J. CROWLEY, 

J. T. Mcdonald, 

JOHN M. REED, 
EDWARD ELDRIDGE, 
GEO. H. STEVENSON, 
SILVIUS A. DICKEY, 
HENRY WINSOR, 
THEODORE L. STILES, 
JAMES A. BURK, 
JOHN McREAVY, 
R. O. DUNBAR, 
MORGAN MORGANS, 
JAS. POWER, 
B. B. GLASCOCK, 
O. A. BOWEN, 
HARRISON CLOTHIER, 

MATT. J. Mcelroy, 

J. T. ESHELMAN, 
ROBERT JAMISON, 
HIRAM E. ALLEN, 
H. F. SUKSDORF, 



JNO. I. BOOGE, Chief Clerk. 



Territory of Washington, \ 

Office of the Secretary. \ 

I, O. C. White, Secretary of the said Territory, do hereby certify that 
the foregoing Constitution of the State of Washington has been compared- 
with the original deposited and now on file in this office, and that the 
same appears to be correctly printed. 

In testimony whereof, I have hereunto set my hand and affixed the 
Great Seal of said Territory, at Olympia, this 27th day of August, A. D. 
1889. , ^ ' 

[SEAL.] O. C. WHITE, Secretary: 



FORMS FOR USE OF SCHOOL OFFICERS AND TEACHERS. 



Form No. 1. 



County SiiperintendenPs Anmial Report to State Superintendent of Publu 

Instruction, 
[ Not printed with laws.] 



Form No. 2. 



Report of Defective Youth. 

To THE Board of Commissioners of County, Washington: 

I herewith transmit to you a report of all defective youth residing in your county, as 

reported to me by the clerks of the several school districts of the county. 
Dated this ■ — - day of , 18—. 



Supt. of Cora. Schools, 



• County, Washington. 



Name of youth. 



Character of ail- 
ment. 



Name of parent or 
guardian. 



Post-office address of parent or 
guardian. 



Remarks. — This report should be made to the county commissioners at their August 
meeting, and a copy of it should be sent by the county superintendent to the director of 
the School for Defective Youth, at Vancouver, Washington. 



Form No. 3. 



Notice of Meeting to Investigate a Petition for the Formation of a School 

Dist7'ict. 

Notice is hereby given that a meeting will be held at on the day 'of , 

189 — , at the hour of — o'clock — m., for the purpose of investigating a petition which was 

(107) 



108 FORMS. 



filed in my office on the day of , 189—, praying for the formation of a school dis- 
trict, with the following boundaries, viz. : 



And all parties are hereby notified that a full and fair investigation will be made at 
the time and place above stated, of all matters pertaining to the formation of the above 
described school district, and if it shall be deemed advisable, the petition will be granted 
and the school district formed as prayed for. 

Dated this day of , 189—. 

( Signed ) ■, 

Supt. of Com. Schools, County, Washington. 

Remarks.— Twenty days' notice must be given. See Common School Law, Section 19. 



Form No. 4. 

Notice of Meeling to Investigate a Petition for the Alteration of School Dis- 
trict Boundaries. 

Notice is hereby given that a meeting will be held at on the — ; day of , 

18—, at the hour of — o'clock — m., for the purpose of investigating a petition which was 

filed in my office on the day of , 18—, praying for changes in the boundaries of 

school districts Nos. and in the county of , State of Washington, as follows, 

viz.: 



And all parties are hereby notified tliat a full and fair investigation will be made at 
the time and place above stated of all matters pertaining to said change of boundaries, 
and that if it shall be deemed advisable, the petition will be granted and the changes 
made as above described. 

Dated this day of , 189—. 

(Signed) , 

Supt. of Com. Schools, County, Washington. 

Remarks.— Twenty days' notice must be given. See Section 20 of the Common School 
Law. 



Form No. 5. 

Certificate of Formation of School District. 

To THE Board of Commissioners of County, Washington: 

I, , superintendent of common schools in and for county, State of 

Washington, do hereby certify, that on the day of , 189-, I did, in accordance 

with law, form a school district in said county, and designate it " School District No. — ," 
county, Washington, and prescribe for it the following boundaries, viz. : 

Witness my hand at my office this day of , 189—. 

Supt. of Com. Schools, County, Washington. 



> FORMS. 109 

Form No. 6. 

Certijicaie of Alteration of School District Boundai-ies. 

To THE Board of Commissioners of County, Washington: 

I, , superintendent of common schools in and for county, state of 

Washington, do hereby certify, that on the — — day of , 189 — , I did, in accordance 

with law, change the boundaries of School District No. , and of said county, as fol- 
lows, viz.: 

Witness my hand at my office this day of , 189—. » 

Supt. of Com. Schools of County, Washington. 



FoEM No. 7. 

County SiqyerintendenVs Order, Forming a School District. 

Whereas, In compliance with a petition praying for the formation of a school district 

in the county of , State of Washington, which petition was filed in my office on the 

day of , 189—, a meeting to investigate all matters pertaining thereunto was held 

at on the day of , 189 — , of which meeting due notice was given as required 

by law ; and it appearing from said investigation that the prayer of the petitioners should 
be granted : 

Now, therefore., I, — , superintendent of common schools in and for said 

county, do hereby form said school district and designate it "School District No. — ," 
county, Washington, and prescribe for it the following boundaries, viz. : 



And all persons residing in said district are hereby notified, that unless an appeal 
from this action shall be taken, as provided by law, this action will be final; that it will 
be certified to the county commissioners at their next regular meeting, and that the 
officers of the district will be appointed as provided by law. 

Dated this day of , 189—. 

( Signed ) , 

Supt. of Com. Schools, County, Washington. 

Remarks.— Three of the above notices should be posted in the new district, and all 
except the notice following the description of the boundaries should be entered in the 
superintendent's record book, together with action of county commissioners in case of an 
appeal, after final action is completed. 



Form No. 8. 



County Sfqjerintendent's Order, Changing School District Boundai'ies. 

Whereas, In compliiuice with a petition praying for the alteration of boundaries of 
School Districts Nos. and in county. State of Washington, which petition 



110 



FORMS. 



was filed in my office on tlie day of — , 18—, a meeting to investigate all matters 

pertaining tliereunto was held at , on the day of , 18—, of which meeting 

dne notice was given as required by law; and it appearing from said investigation that 
the prayer of the petitioners should be granted; 

Now, therefore, I, , superintendent of common schools in and for said 

county, do hereby grant said petition and transfer tlie territory hereinafter described 
from School District No. to School District No. , as follows, viz.: 



And all persons are hereby notified, that unless an appeal shall be taken as provided 
by law, this action will be final and will be certified to the board of county commissioners 
at their next regular meeting. 

Dated this day of , 18—. 



Supt. of Com. Schools of ■ 



■ County, Washington. 



Remarks.— At least one copy of tliis notice sliould be posted in each district affected 
by the change, and a record of the change should be made in the superintendent's office. 



Form No. 9. 



Certificate of County Superintendent to County Treasurer, showing 
Amount of Funds Apportioned to Each School District. 

To Mr. ' — , Treasurer of County, Washington: 

I hereby certify that I have this day apportioned the school funds belonging to the 

several school districts of county, Washington, now in your hands and subject to 

apportionment, as shown by certificates now on file in my office, and that the several 
school districts are entitled to the amounts set opposite their respective numbers, as 
follows: 

"■ County fund.. 



at ,^e „^ (Amount per teacher. 
State fund j Amount per pupil 



(Amount per teacher. 
(Amount per pupil 





-O 












'c 


^ 
























o 












I'd 






















+^ 










a 


S-c 






























u 




S"^ 


Amount 


Amount 






a 

0/ 


o.-S 


Amount 


Amount 




^ 






of state 


of county 


Total. 




^ 


■+— 4J 


of state 


of county 


Total. 


.2 


<P 


funds. . 


funds. 


1 






M Q> 


funds. 


funds. 






•o ^ 










r. 


-a ^ 


.a .2 








o 












'■3 


^"2 










g 


"R 


dS 










Oo 


0.2 






























3 




IZl 
































J5 


;z; 


1 


c. 


$ 


c. 


if 


c. 


IZi 


;z; 


iz; 


* 


c. 


? 


c. 


$ 


c. 
























































! 



































































































































































Dated this ■ 



■ day of ■ 



(Signed) 

Supt. Com. Schools, 



County, Washington. 



FORMS. Ill 



Form No. 10. 

Form for Notifying District Clerk of the Amomit of Funch Apj^ortioned 
to his District by County Superintendent. 

To Clerk of School District No. , County, Washington: 

I hereby certify that on the day of , IS—, funds were apportioned to your 

district as follows : State school fund, $ ; county school fund, $ ; total,? . 

Dated this day of , 18 — . 

(Signed) -, 

Supt. Com. Schools, County, Washington. 



Form No. 11. 

Ax>pointment of Assistant Examiners. 

To , Greetings 

This is to certify that I have this day appointed, and by these presents do appoint 

and consititute you an examiner of teachers in and for the county of , State of 

Washington, for a term of one year from and after this date. 

Dated this day of , 18—. 

(Signed) , 

Supt. of Com. Schools, County, Washington. 



Form No. 12. 

Appiointnient of Director or Clei'k to Fill Vacancy. 

By virtue of authority, in me vested by law, I hereby appoint to the office 

of of school district No. , of county, State of Washington, to fill a vacancy 

caused by [Here .state cause of vacancy] ; said to continue in office until the 

next annual school election, and until his successor is elected and qualified according to 
law. 

Done this day of , 18 — . 

(Signed) , 

Supt. of Com. Schools, County, Washington. 

OATH OF OFFICE. 

State of Washington, County or — — -, ss. 

I, , do solemnly swear (or affirm) that I will support the constitution of 

the United States and the constitution of the State of Washington; that I will endeavor 

to promote the interests of education, and will faithfully discharge the duties of 

of school district No. , in the county of , in said state. So help me God. 

(Signed) . 

Subscribed and sworn to before me this day of , 18 — . 

[Here state official character of officer who administered oath.] 



112 FORMS. 

Form No. 13. 

Form of Endorsing Teachers'' Certificates from Other Counties and States, 

The within certificate is hereby endorsed and declared to be a valid certificate for 

county, State of Washington, until the next examination of teachers in said county, 

said examination to occur on tlie days of , 18 — . 

Dated this day of , 18 — . 

(Signed) , 

Supt. Com. Schools of County, Washington. 



Form No. 14. 

Endorseynent of Certificate by Comity Board of Examiners. 

The within certificate is hereby endorsed and declared to be a valid certificate for 
— county, State of Washington, for the full term for which the same was granted. 

Board of Examiners of County, Washington. 

Remabks.— Endorsements by Boards of Examiners can be made only at their regular 
meetings. A record of the certificate so endorsed should be made by the county superin- 
tendent, showing grade, markings, date of issue, nationality of teacher, P. O. address, etc. 



Form No. 15. 

Endorsement of Certificate Or anted Without ExamincUion . 

The within certificate is granted without examination, on the following evidence of 
fitness to teach : 

[Here state evidence.] 

Board of Examiners of Countj', Washington. 

Remarks.— See Section 12, Common School Laws. A complete record of such certifi- 
cates should be made by the county superintendents the same as if the certificates were 
granted upon an examination. 



FORMS. 



113 



Form No. 16. 

Certificate of County Treasurer to County Superintendent Showing the 
Amount of Funds on Hand to be Ap2iortioned. 

To , Superintendent of Common Schools, ■ — County, Washington: 

I hereby certify that the amount of school funds now in my possession and subject to 

apportionment to the several school districts of county, State of Washington, is 

$ , derived from the following sources, viz.: Taxation, ■? ; fines, $ ; licenses, 

? . 

Dated this day of , 18 — . 



Treasurer of 



County, Washington. 



Form No. 17. 

Annual Report of County Treasurer to County Superintendent Showing 
Financial Status of Each School District for Preceding Year Ending 
June 30. 



To • 



Superintendent Common Schools, 



• County, Washington: 



Sir: I have the honor to submit the following report of the receipts and disburse- 
ments of school funds belonging to the several school districts of county, Wash- 
ington, for the fiscal year ending June 30, 18—, viz. : 



No. of 
Dist 


Kinds of Funds. 


Amt. on hand 
July 1, 18—. 


Amt. received 
during year. 


Amt. paid out 
during year. 


Bal. on hand 
June 30, 18—. 




Dollars. 


Cts. 


Dollars. 


Cts. 


Dollars. 


Cts. 


Dollars. 


Cts. 




State School F'd... 




















Co. School Fund. . 




















Fund from special 
tax 
























Fund rec'd from 
























Bond Redemption 




















Fund 























State op Washington, County of , ss. 

I, , treasurer of said county, do hereby certify, that the above and fore- 
going is a correct report of the receipts and disbursements of funds belonging to the sev- 
eral school districts therein enumerated, as shown by the records of my office. 

Witness my hand and official seal this day of ■ — , 18—. 

(Signed) , 

Treasurer of County, Washington. 



114 



FORMS. 



Form No. 18. 

Notice of Election or Appointment of County Superintende7it. 
To THE Superintendent of Public Instruction of Washington: 

Sir: You are hereby notified that has been elected (or appointed) super- 



intendent of common schools of — 
such officer will commence on the ■ 



-county, Washington; that his term of service as 
day of , IS — , and that his post-otflce address 



Dated this ■ 



• day of 



18- 



Auditor of County, Washington. 

Remarks. — This notice should be sent to the superintendent of public instruction by 
the county auditor as soon as the election of the party is ascertained or the appointment 
made. 



FoEM No. 19. 

Annual RejJort of School District Clerk to Cotinty Stqierintendent. 
[Not printed with laws. J 



Form No. 20. 

District Clerk's Beiiort to Superior Judge. 

To , Superior Judge, County, Washington: 

Sir: In compliance with the provisions of Section 83 of the Common School Law of 
the State of Washington, I herewith send you the names of such orphan children between 

the ages of eight and fifteen years, residing in School District No. , of county, 

Washington, as have not attended school three months during the last year. 

Dated this day of , 18 — . 



Clerk of School District No. 



County, Washington. 



Name of orphan. 


Name of guardian. 


Post-office address. 



























Remarks. 
year. 



-This report should be sent on or before the first day of December of each 



FORMS. 115 



Form No. 21. 

Notice of Annual Election. 

Notice is hereby given that the annual election of School District No. , of 

county, State of Washington, will be held at , in said school district, on the day 

of November, 189—, for the purpose of electing school district olficers as follows, viz.: 



and for the transaction of such other business as may lawfully come before the meeting. 

The polls will be open from — o'clock — . M., to — o'clock — . M. By order of the board 
of directors. 

Dated this dav of , IS—. 



School District Clerk. 
Remarks.— Three of these notices must be posted at least ten days prior to the day of 
election, one of which must be at the place of holding the election. All elections should 
be held at the school-house if there be one. 



Form No. 22. 

Notice of Election to Vote Special Tax. 

Notice is hereby given that a special election will be held at , in school district 

No. , of county. State of Washington, on the day of , 189—, for the pur- 
pose of determining whether a special tax of — mills on the dollar shall be levied upon 
all taxable property in said school district, for the purpose of 

Those in favor of said tax levy will vote, "Tax, yes;" those opposed, "Tax, no." 

The polls will be open from — o'clock — . M., to — o'clock — . m. By order of the board 
of directors. * 

Dated this day of , 18—. 

(Signed) , 

School District Clerk. 

Remarks.— All elections must be held at the school-house if there be one. At least 
three notices must be posted at least ten days, one of which must be at place of holding 
election. 



Form No. 23. 

Notice of School Disti'ict Bond Election. 

Notice is hereby given that a special election will be held at , in school district 

No. , of county. State of Washington, for the purpose of determining whether or 

not the directors of said school district shall borrow- money and issue bonds of the district 
in the sum of dollars, for the purpose of 

Said bonds, if issued, shall bear a rate of interest not to exceed 10 per centum per annum, 



116 FORMS. 

and shall be payable in years after date. The election will be by ballot. Those in 

favor of the issuing of bonds as above specified, will vote, "Bonds, yes;" those opposed, 
"Bonds, no." 

The polls will be open from — o'clock — . m., to — o'clock — . m. By order of the board 
of directors. 

Dated this dav of , 18—. , 

(Signed) , 

School District Clerk. 

Remarks.— All elections must be held at the school-house if there be one. At least 
three notices must be posted at least ten days, one of which must be at place of holding 
election. 



Form No. 24. 

Notice of Employment of Teacher and Commejicement of Term, of School, 
to he Sent to County Superintendent on or Before the Day on Which 
School Begins. 

To THE Superintendent of Common Schools, of ; County, Washington: 

You are hereby notified that the board of directors of school district No. , of 

county, has employed M— ^ to teach a term of months in said district, 

commencing on the day of , 18—, at a salary of ? per month. [If teacher is 

to be boarded, so state.] 

Dated this day of , 18—. 

(Signed) , 

Clerk of District No. . 

Remarks.— This notice should always be sent promptly. 



Form No. 25. 

District Clerk's Certificate to Directors. 

To THE Directors of School District No. , County, Washington: 

I hereby certify that all reports required by law to be made by teachers to school 

district clerks or to county superintendents have been made by ; that the 

register has been properly kept, and that said is now entitled to an order in 

full paym.ent of his services as teacher. 



Clerk of School District No. . 

Remarks. — Directors shall not sign warrant for the last month's salary before receiv- 
ing this certificate, or satisfying themselves, by personal inspection, that all reports have 
been made. 



FORMS. 



117 



Form No. 26. 
Certificate of Special Tax Levy. 



To THE Auditor op 



County, Washington: 



State of Washington, \ 

County of • , j 

I, , clerk of school district No. , of county. State of Washington, 

do hereby certify that at a special election held in said school district on the day of 

, 18 — , a special tax of — mills on the dollar was voted to be levied on all propertj"" 

subject to taxation in said school district for the year 18 — ; and I further certify that the 
following is a correct and complete list of all persons and property liable to taxation in 
said school district, as shown by the last assessment roll of the county. 

Witness my hand this day of , 18 — . 



Clerk of School District No. 



County, Washington. 



Name of taxpayers. 


< 


Name of taxpayers. 


03 

0) ft 

< 


Name of taxpayers. 


>i: 

tag 

boo 
50 



















































Form No. 27. 



Form of Order of School District Officers on County Treasurer. 

, Washington, - 



Treasurer of 
Pay to ^— 



■, 18—. 
County, Washington: 

-, or order, the sum of dollars out of the [Here state what fund] 

funds of school district No. , of said county, for [Here state for what service] and 

charge the same to the account of said district. 

Countersigned, (Signed) , / 

Directors. 



Clerk School District No. 



118 FORMS. 



Form No. 28. 

Certificate of Election to be Given by Clerk of Annual School Meeting to 

Officers-Elect. 

To , Greeting: 

This is to certify tliat at the annual election of school district No. , of county, 

State of Washington, held on the day of November, 18 — , you were duly elected to the 

office of of said district for a term of years. 

Dated this day of , 18—. 

(Signed) , 

Clerk of District School Election. 
Remarks.— This notice should be retained bv the officer elected. 



Form No. 29. 

Certificate of Electioii and Oath of Office. 

To Superintendent of Common Schools of County, Washington: 

I hereby certify that at the annual election of school district No. , county, 

State of Washington, lield on the day of November, 18—, M — . — was duly 

elected to the office of of said district for a term of — years. I further certify that 

h— post-office address is , State of Washington. 

(Signed) , 

Clerk of Annual Election. 

OATH OF OFFICE. 

State of Washington, County of , ss. 

I, , do solemnly swear (or affirm) that I will support the constitution of 

the United States and the constitution of the State of Washington ; that I will endeavor 

to promote the interests of education, and will faithfully discharge the duties of of 

school district No. , in tlie county of , in said state. So help me God. 

(Signed) 

Subscribed and sworn to before me this day of , 18 — . 



[Here state official character of officer who administer oath.] 

Remarks. — This notice should be given to the person elected; he should qualify 

within ten days, by taking the oath attached, and send oath and certificate to the county 

superintendent. The county superintendent has no right to recognize any person as a 

director or clerk, whose oath is not on file in his office. 



Form No. 30. 



Teacher's Report to School District Clerk at Close of Term or School 

Year. 

[Not printed with laws.] 



FORMS. 119 

Form No. 31. 

Teacher's Contract. 

^It is hereby agreed, by and between the directors of school district No. , county of 

, State of Washington, and , the holder of a teacher's certificate now in 

force in said county, that said teacher is to teach, govern and conduct the public school 
of said district to the best of h— ability, follow the course of study lawfully adopted, keep 
a register of the daily attendance of each pupil attending said school, make all reports 
required by law or by lawful authority, and endeavor to preserve in good condition the 
school-house, grounds, furniture, apparatus, and such other property of the district as 
may come under the immediate supervision of said teacher, for a term of — school months, 

commencing on the day of , 189 — , for the sum of dollars per month, to be 

paid at the end of eacli school month, out of the funds of said school district, upon a war- 
rant drawn by the directors of said district and payable by the county treasurer : Provided, 
That if said teacher shall be legally dismissed from school, or shall have h — certificate 
lawfully annulled by expiration or otherwise, then said teacher shall not be entitled to 
compensation from and after such dismissal or annulment : Provided further. That the 
wages of said teacher for the last month of the school term shall not be paid unless said 
teacher shall have made the reports hereinbefore mentioned. 

And the directors of said school district hereby agree to keep the school house in good 
repair, to provide the necessary fuel, school register and other necessary supplies for the 
comfort of the school. 

In witness whereof, we have hereunto subscribed our names, this day of , 

18—. 



Directors. 



Attest: 



School District Clerk. Teacher. 

Remaeks.— This contract should be made in duplicate, the teacher retaining one 
copy, the other being filed with the clerk of the district. 



Form No. 32. 

Rexiort lo be Made to County Superintendent by Teacher at the Time of 
Making Contract to Teach. 

To THE Superintendent of Common Schools of County, Washington: 

You are hereby notified that I have been employed to teach a term of— months in 

school district No. , county, State of Washington, at a salary of ff per month 

said term to commence on the day of , 18 — . My certificate is a grade, and 

will expire on the day of -, 18—. My post-office address, while teaching said 

school, will be . 

Dated this day of , 18—. 

(Signed) , 

Teacher. 



120 FORMS. 



Form No. 33. 

Teacher's Certificate. 

COMMOM SCHOOLS OF THE STATE OF WASHINGTON. 

This is to certify tliat having; passed the examination required by law, 

and having furnished evidence of a good moral character and ability to teach, is hereby 

granted this grade certificate, which entitles h— to teach in the common schools of 

county, State of Washington, for a period of • years from and after this date. 

Dated at , Washington, this day of , 18—. 

SCALE OF MARKING. 

Orthography, - Geography, - - - 

Written Arithmetic, Reading, - - - . 

Mental Arithmetic, United States Constitution, 

Grammar, - - State Constitution, - 

History, - - Writing, - - - . 

Theory and Practice, Algebra, - - - - 

School Law. - - Philosophy,- - - - 

Physiology,- - Literature, - - - 



County Superintendent. 



County Board of Examiners. 



Form No. 34. 

Notice of Appeal to Superintendent of Public Instruction. 
To THE Superintendent of Public Instruction of Washingt.on: 

You are hereby notified that the undersigned, feeling aggrieved by the action of the 

[Here state whether county superintendent or board of examiners] of county, State 

of Washington, do hereby appeal from the decision of said , and respectfully 

ask that you take such action in the matter as will redress the grievance hereinafter set 
forth. The action complained of is as follows, viz. : [Here state fully and clearly the 
action complained of.J 

State of Washington, County of , ss. 

I, , do solemnly swear that the above and foregoing statement is true. So 

help me God. 

(Signed) . 

Subscribed and sworn to before me this day of , 18—. 

[ Here state official character of officer administering oath.] 
Remarks. — All appeals must be taken within thirty days after the act, order or decis- 
ion complained of, 



FORMS. 121 



Form No. 35. 

Appeal to County Superintendent. 

To THE Superintendent of Common Schools op County, Washington: 

You are hereby notifled that undersigned, feeling%ggrieved by the action of tlie board 

of directors of school district No. , of county. State of Waslrington, do hereby 

appeal from the decision of said board, and respectfully ask that you take such action as 
will redress the grievance hereinafter set forth. The action complained of is as follows, 
viz. : [Here state clearly and fully the action complained of.] 

State of Washington, County of , ss. 

I, , do solemnly swear that the above and foregoing statement is true. So 

help me God. 

( Signed ) : . 

Subscribed and sworn to before me this day of , IS—. 



[Here state official cliaracter of the officer administering oath.] 
Remarks. — All appeals must be taken within thirty days of the act, order or decision 
complained of. 



Form No. 36. 

Form of Petition to County Superintendent, Praying for Formation of a 
New School District. 

To THE Superintendent of Common Schools, County, Washington: 

We, the undersigned, being heads of families and lawful petitioners for the purpose 

herein set forth, do hereby petition you to form a school district in the county of , 

State of Washington, with the following boundaries, viz.: [Here describe boundaries.] 
Our reasons for asking for the formation of the above described district are as follows, 
viz.: [Here give reasons.] Following is a correct list of the names of children of school 
age residing within the limits of the proposed district, viz.: [Here insert the names of 
children of school age.] 



Dated this day of , 18 — . 

Remarrs.— This petition must be signed by at least five heads of families, who are 
bona fide residents of the proposed district. 

—9 



122 



FORMS. 



Form No. 37. 

Fo7"m of Petition to County Superintendent, Praying for Alteration of 
Boundaries of School District. 

To THE Superintendent op Common Schools, County, Washington; 

We, the undersigned, being heads of families and lawful petitioners for the purpose 
herein set forth, do hereby petition 5'ou to change the boundaries of school district No. 

, of county, Washington, as follows, viz. : [ Here describe change desired.] Our 

reasons fordesiring said change of boundaries are as follows, viz. : [ Here give reasons.] 
Following, is a correct list of the names of children of school age, residing or. the territory 
which it is desired to have transferred: [Here give list of names.] 



SIGNED. 


SIGNED. 



















Dated this 



day of — 



Form No. 38. 

Teacher's Register. 



[Not printed with laws.] 



Form No. 39. 



School District Election Poll-Book. 

Poll-book of an election held in school district No. ,"6f • county, State of 

Washington, on the day of -, 18—, and being chosen 

judges of said election, and clerk, all being duly sworn as required by law, 

before entering upon the duties of their respective offices. 



NUMBER AND NAMES OF ELECTORS VOTING. 



1 4 

2 5 

3 6 



FORMS. 123 




TALLY LIST. 


TALLY LIST. 



















We hereby certify that the whole number of electors voting at this election amounts 

to ; that the whole number of ballots cast at this election amounts to ; that 

received votes; that received votes, etc., etc. 

^"estj ' I Judges. 

Clerk of Election. 

Remarks.— Election boards will vary the tally list and certificate to suit the nature 
of the election. If it be for the election of officers at an annual election, the name of each 
person voted for must be entered on the tally list, and a tally of the votes cast for him 
must be placed opposite his name. If the election be for voting a special tax or for voting 
bonds, the number of votes for and against the proposition must be entered on the tally 
list. The certificate must simply contain a summary of the vote as shown by the tally list. 
Election boards are chosen by the electors. The school district ofiicers, or any part of them, 
may be chosen as an election board. The poll-book and all other papers should be deliv- 
ered to the clerk of the school district. Attached to the poll-book should be the oaths of 
judges and clerk of election. 



Form No. 40. 

Oath of Judges qf Election. 

State of Washington, County of , ss. 

We, and , do solemnly swear that we will, as judges of an 

election to be held in and for school district No. , of county, State of Washing- 
ton, on this • day of , 18—, duly attend said election during its continuance; that 

we will not receive any vote or ballot from any person other than such as we firmly believe 
to be duly qualified voters at said election, according to law; that we will make a true 
and perfect return of said election, and will in all things faithfully and impartially dis- 
charge our duties as judges of said election to the best of our judgment and ability; and 
that we are not directly or indirectly interested in any bet or wager on the result of said 
election. So help us God. 

' [■ Judges. 
Subscribed and sworn to the — - day of — , 18—. 



Here state ofiicial character of officer administering oath.] 



124 FORMS. 



Form No. 41. 

Oath of Clerk of Election. 

State of Washington, County op , ss. 

I, , do solemnly swear that I will, as clerk of an election to be held in and 

for school district No. , county of , State of Washington, on this day of 

• — — , 18 — , duly attend said election during its continuance; that I will record on the 
poll-book of said election the name of each person voting thereat, and faithfully and im- 
partially discharge the duties of clerk of said election; and that I am not directly or 
indirectly interested in any bet or wager on the result of said election. So help me God. 



Clerk of Election. 
Subscribed and sworn to before nie this dav of , 18 — . 



[Here state official character of officer administering the oath. A director may ad- 
minister it.] 



FoEM No. 42. 
Certificate of Bond Election. 

To THE TEEASUREE OF ^ COUNTY, WASHINGTON : 

State of Washington,) 
County of , ) • 

We, the undersigned, directors of school district No. — -, of county. State of 

Washington, do hereby certify that at an election held in said school district on the 

day of , 18—, it was voted that the bonds of said district shall be issued by the 

directors thereof in the sum of dollars, payable — years after date, with interest, at 

the rate of — per cent, per annum, payable annually;* and we further certify that 

the board of directors of said district reserves the right to redeem said bonds as follows, 
viz.: 

Witness our hands this day of , 18—. 

Attest: , ) 

, , > Directors. 

School District Clerk. , ) 

*The ]3eople determine, at the election, the maximum tiine the bonds are to run. 
If the directors reserve the right to pay the bonds or any portion of them prior to that 
date, they shall specify such intention in their certificate to the county treasurer, to guide 
him in his advertisement; if the directors do not reserve such right, this clause may be 
omitted from their certificate to the treasurer. 



GENEEAL II:^DEX. 



Introductory, by Superintendent 3 

Schools and School Districts (Common School Law) 5 

Schools in Cities of 10,000 or More Inhabitants 42 

School District Bond Law 52 

School District Bond Law Amendment 57 

School for Defective Youth 59 

Normal School at Cheney 60 

Normal School at Ellensburgh 65 

Constitution of State of Washington 69 



ALPHABETICAL II^DEX. 



SEC. PAGE. 

Appeals — To Superintendent Public Instruction: 

How taken, time within whicli taken by teacliers 11 13 

How taken, by any person aggrieved 16 17 

Maybe taken from decision made on appeal to county superintendent... .i2 23 

Appeals — To County Superintendent: 

How taken, mode of procedure 32 23 

Appeals — To County Commissioners: 

In formation of new districts 19 18 

In alteration of boundaries 20 IS 

Auditor — State : 

Shall draw warrant for state fund 3 7 

Shall notify superintendent of public instruction of funds on hand 3 8 

Auditor — County : 

Shall enter special tax on tax roll 53 31 

Sliall report to superintendent of public instruction— what, when 88 40 

Auditing Committee — City Districts: 

Must audit all accounts 18 47 

Blanks: 

By wlTom printed and distributed 3 6 

Board of Education — State: 

How constituted, tenure of office G 9 

Vacancies in, how filled .■ 9 12 

Meetings of, annual and special 7 9 

Compensation, how paid 7 9 

Expenses of, not to exceed 7 9 

Board of Education — Powers and Duties of: 

To adopt text books 8 9 

To prepare course of study, for what 8 11 

To elect a secretary — duties of 8 11 

To use common seal 8 11 

To sit as a board of examination, when ■. 8 11 

To prepare questions for examination § 12 

Board of Education — City; 

Who shall constitute first board, etc 1 42 

Sliall consist of five members 2 43 

Old directors in districts united by tliis act, to continue 2 43 

Menibers shall act as judges of elections 4 44 

Shall appoint additional judges, etc 4 44 

Shall count votes and issue certificates of election 5 44 

Shall meet as canvassing board, when 5 44 

Shall take oath of office and file same 6 44 

Shall elect president and vice president, when 7 4.5 

Shall elect secretary and fix salary of 7 45 

Shall elect officers, etc., by viva voce vote 8 45 

Shall hold regular and special meetings 13 46 

Shall maintain office and meet at...... 14 46 

Vacancies in board, how filled 16 46 



128 mDEX. 

Board of Education — City — Continwed; sec. page. 

Vacancies in board may be created, how 17 46 

Quorum — less than, powers of 17 46 

Shall not vote expenditure of more than $5,000 except on contract 18 47 

Accounts of, subject to inspection of county superintendent 18 47 

General powers and duties 19 47 

Shall cause enumeration to be taken 20 48 

Shall report to county superintendent 20 48 

Members of shall have no interest in contracts 21 48 

Members shall receive no compensation 21 48 

Board shall not sell school property except 22 49 

Shall advertise for bids in certain eases 23 49 

Shall receive bids to furnish supplies, etc 23 49 

Two members shall serve on board of examination 24 49 

Board shall report to county commissioners, what 30 50 

May order election to vote tax 30 51 

Board of Examination — State: (See State Board of Education.) 

Board OF Examination— CoDNTY: (See Examiners, County.) 

Board of Examination — City: 

Shall consist of whom 24 49 

How appointed, tenure of office, chairman 24 49 

General powers and duties 26 49 

May grant certificates without examination, to 27 50 

May renew or revoke certificates 27 50 

May issue permits 27 ' 50 

Compensation of members 29 50 

Bonds — School District: 

May be issued for what purposes *1 52 

Amount of, and rate of interest *1 52 

*Amended. See p. .57. 

Election to determine issuing of bonds 2 52 

Notice of election shall state what 2 55 

Form of ballot 2 52 

Majority vote — three-fifths vote to decide 2 52 

Form of bonds — bonds must be registered 3 53 

Must not be sold below par 4 54 

Pees for advertising, how paid 4 54 

Must be printed or lithographed 7 55 

Must be funded in certain districts 8 55 

Bonds issued under former acts may be funded under this act 8 55 

Interest on shall cease, when 9 56 

Incidental expenses paid, how 10 .56 

How redeemed and canceled 11 56 

Censds — School District: 

When taken, by whom 34 24 

Shall include what 34 24 

Shall include Indians and Mongolians 34 24 

In cities of 10,000, by whom taken, when 20 48 

Census Marshal- City: 

Compensation of 20 48 

Appointment, by whom 20 48 

Shall verify returns by oath 20 48 

Certificates — City : 

Grades of, four 26 49 

Shall be valid only in cities where issued. 28 .50 

Granted only to holders of state or county certificates 28 50 

Certificates — County : 

Grades, terms, requirements to obtain 12 15 

May issue witliout examination 12 15 

Eligibility of candidates for 12 16 



INDEX. 129 

Certificates — County— ConM?wed; sec. page. 

May be revoked by county superintendent 11 13 

Shall be forfeited, when 77 38 

Certificates granted under territorial law valid 84 40 

Certificates — State : 

Qualification required for S 11 

May be revoked 8 11 

Fee for 8 11 

Other qualifications 12 15 

Territorial certificates declared valid 84 39 

Certificates — State Normal: 

At ("heney, when granted 12 64 

At Ellensburgh, entitle liolder to teach 7 66 

Clerks — School District: 

Election, tenure of office 33 24 

Appointment of to fill vacancy 33 24 

Shall file transcript of record with county superintendent, when 32 23 

Shall attend all meetings of board of directors, keep record, etc 34 24 

Shall keep account of all expenses, and exhibit for public inspection 34 24 

Shall take census and and report to county superintendent, what 34 24 

Shall note defective youth 34 24 

Shall give notice of annual meeting 55 32 

Shall give notice of annual and special elections, meetings of board, etc.. 34 25 

Shall report to coun ty superintendent at beginning of term of school what, 34 25 

Shall supply teacherwith register 34 25 

Compensation of clerk 35 26 

Penalty for failure to make reports 36 26 

Shall certify to correctness of teacher's reports, etc 39 27 

Shall copy names of taxpayers and deliver it to county auditor 53 31 

Shall call meeting to form union district 61 35 

Shall take oath, when 70 37 

Shall report to superior judge, what 83 39 

Shall report to county superintendent names of defective youth 1 59 

Commissioners — County : 

Shall appoint county superintendent to fill vacancy 10 12 

Must record district boundaries 11 14 

Shall withhold salary of county superintendent, when 15 16 

Shall provide office for county superintendent 14 16 

Shall levy tax for support of schools 52 30 

Shall levy tax in city districts 30 51 

Shall enforce compulsory education law for defective youth 3 59 

Shall defray expenses of defective youth, when 4 60 

Penalty for neglect of duty regarding defective youth 5 60 

Contracts: 

Declared valid 84 39 

Convention — County Superintendent : 

By whom called 3 7 

Course of Study: 

By whom prepared 8 11 

Penalty for failure to comply with 23 20 

Boards of directors shall adopt, in graded schools 64 35 

Sliall be enforced by teachers 39 27 

Boards of education shall adopt, in cities of 10,000 19 47 

Diploma — Life: 

When and to whom granted 8 11 

Qualifications for 8 11 

Fee for 8 11 

May be revoked 8 11 

Territorial diploma valid 84 39 



130 INDEX. 

Diploma — State Normal: sec. page. 

Shall entitle the holder to teach 7 66 

DiEECTOR — School District: 

Election, tenure of office, failure to qualify 25 20 

Appointment of 11 14 

Shall take oath 70 37 

May administer oath 70 37 

Directors — Boards of: 

Shall have power (1) to employ and dismiss teachers, etc 26 21 

(2) to enforce rules and regulations, etc 26 21 

(3) to provide apparatus 26 21 

(4) to rent and furnish school houses 26 21 

(5) to build or remove school houses 26 21 

(6) to purchase personal property 26 21 

(7) to suspend or expel pupils 26 21 

(8) to provide books for children 26 21 

(9) to require all pupils to have books 26 21 

(10) to exclude certain pupils from school 26 22 

(11) to open school room for certain purposes 26 22 

(12) to require teachers to conform to rules, etc 26 22 

Shall be liable for judgments 27 22 

May admit pupils from other districts, etc 28 22 

May make by-laws '. 2'.> 22 

Regular and special meetings of 29 22 

Shall have custody of school property, etc 30 22 

Shall not be party to contract, nor receive compensation 31 23 

Shall appoint clerk pro tem., duties of 34 24 

Shall not sign teachers' warrants, when 38 26 

Shall withhold teachers' warrants until 39 27 

Shall employ teacher only by written order of 39 27 

Shall employ no teacher without certificate 39 27 

May admit non-resident pupils and adults 44 28 

May determine length of school day 46 29 

May order election to vote special tax : 53 31 

May borrow money and issue bonds *1 52 

*Amended, See p. 57, 

Shall certify result of bond election to county treasurer ;^ 53 

Must canvass bids for bonds 4 54 

Must deliver bonds to county treasurer 4 54 

Must levy tax to pay interest, etc 5 54 

Must cause bonds to be printed or lithographed 7 55 

Elections — Judges of: 

How chosen, must take oath 56 33 

Shall proclaim polls open 56 33 

Shall receive and deposit ballots 57 33 

Shall administer oath to challenged voter 58 S5 

Shall proclaim polls closed and count votes 59 34 

Election — School : 

Special elections to vote tax, how called and conducted 53 31 

Annual, when and where held 54 32 

Annual, notice of, to contain what 55 32 

Polls shall be kept open how long 55 32 

Polls shall be keptopen in cities, where 55 o2 

How conducted, electors to choose judges and clerk 56 32 

Judges and clerk to take oath 56 33 

Judges shall proclaim opening of polls 56 33 

Judges shall receive ballots and proclaim name of voter 57 33 

Clerk of election shall record all names 57 33 

(iualification of voters 58 Hn 



INDEX. 131 

Elections — School — ConMnwed ; sec. page. 

Voters challenged must take oath 58 33 

Illegal voters may be punish ed 58 34 

Judges to proclaim closing of polls, and count ballots 59 34 

Ballot box must not be removed from room 59 34 

Clerk of election shall record names of persons voted for, etc 59 34 

Clerk of election shall issue certificates of election 60 34 

Clerk of election shall also send certificate to county superintendent with 

oath 60 34 

Tie vote, how determined '. 60 34 

Elections — In Cities of 10,000 oe More: 

Held when 3 43 

Notices of, shall state what 3 43 

Notices of, how given 3 48 

Notices of, five legal voters may give 3 43 

Vote must be by ballot 3 44 

Polls shall be open, when 3 44 

Election board, how constituted 4 44 

Electors may choose judges 4 44 

Judges chosen shall take oath 4 44 

Votes, when counted 5 44 

Result certified to county superintendent 5 44 

Persons elected must take oath 6 44 

Election to vote tax, notice of 30 51 

Examinations — City : 

Shall be public 25 49 

When held 25 49 

Proceedings shall be certified to board of education 25 49 

Examination — County : 

When and where held 11 1-t 

Notice of 11 15 

How conducted 11 15 

For admission to normal school at Ellensburgh 11 67 

Examination — State : 

When held 8 11 

Examiners — County : 

How appointed, tenure of ofBce 11 14 

May issue certificates without examination 12 15 

May endorse certificates for full term , 12 16 

Compensation 13 16 

Shall hold competitive examinations 11 67 

Examiners — State: (See State Board of Education.) 

Fines : ( See Fines and Penalties.) 

Fines and Penalties: 

Shall go into school fund 89 40 

Governor: 

Shall appoint members of State board of education 6 9 

Shall. transmit report of superintendent to legistature 3 5 

Shall apiioint trustees for normal school at Cheney 3 61 

May remove members of board of trustees 3 61 

Shall fill vacancies in board 15 64 

Shall select site for state normal school at Ellensburgh 2 65 

Shall appoint trustees for state normal school at Ellensburgh 4 66 

Guardians : ( See Parents or Guardians.) 

He or His: 

Shall be construed to mean she or her 78 38 

Indians : 

Children of those not taxed not enumerated 34 24 

Jodges: (See Elections, Judges of.) 

Laws : ( See School Laws.) 



132 INDEX. 

Mongolians: sec. page. 

Children of, not native born, not enumerated 34 24 

Oath of Office: 

Shall be endorsed on certificate of election 70 :-!7 

Officers: ( See School Officers.) 

Parents: (See Parents or Guardians.) 

Parents or Guardians: 

Shall be liable for damage to school property 48 29 

Shall send children to school 81 39 

Penalty for failure 82 39 

Shall not insult or abuse teacher, penalty for 86 39 

Shall send defective youth to state school for 3 59 

May educate defective youth at home 3 59 

Penalty for neglect of defective youth 5 60 

Physiology and Hygiene: 

Must be taught in common schools, penalty for neglect or refusal 90 41 

President of Board of Education — City: 

Shall be elected, when , 7 45 

Duties of 9 45 

Prosecuting Attorney: 

Shall prosecute county superintendent 91 41 

Pupils: 

Shall pursue courseof study 48 29 

Shall comply with rules 48 29 

Penalty for violation of 48 29 

Penalty for damaging school property 48 29 

Questions — Foe Examination of Teachers: 

Shall be distributed by superintendent of public instruction 3 6 

By whom prepared 8 12 

Kepeals : 

Allacts, etc 92 41 

All acts, etc .33 51 

Reports : 

Of superintendent of public instruction — biennial, when made 3 5 ' 

Of private schools — annual 3 8 

Of county superintendents — annual 11 13 

Of county superintendents, all statements required 15 16 

Of school district clerks — annual 34 24 

Of city boards of education — annual 20 48 

Of secretary of city boards of education 12 45 

Rules— For Common Schools: 

By whom prepared 8 11 

Directors shall enforce 26 21 

Teachers shall enforce 39 27 

Scholars: (See Pupils.) 

Schools — Common : 

System shall be maintained, etc... 1 5 

Administration of system- by w'hom 2 5 

Defined to be 44 28 

Shall be open to whom 44 28 

Shall be taught in English language 45 28 

Instruction shall be given in what branches, etc 45 28 

School day, length of 46 28 

Pupils and teachers excluded from, when 47 29 

Pupils must comply with regulations of 48 29 

Pupils may be expelled • 48 29 

Property of must not be destroyed or abused 48 29 

School year begins, when 49 29 

Free from sectarian control 51 30 



INDEX. 133 

Schools — Common — Support of: sec. page. 

State fund, permanent -50 -9 

Interest on state funds, rentals •''1 29 

Annual tax in each county, maximum, minimum 52 30 

All fines for breach of law, licenses, etc 52 31 

Schools — Union: 

' Districts, how formed ''1- '''^ 

Officers of 62 35 

Funds for support of '^'^ ^^ 

School — Private : 

Shall report to superintendent of public instruction —what 3 s 

Schools — State Normal at Cheney: 

Location of, contingent upon donation 3 60 

Object of school, both sexes eligible 1 60 

How governed - 61 

Requirements for admission to ■"* 63 

Applicants for, must pass examination, etc ^ 6;^ 

Students at, must sign contract — exceptions , ■' 6'' 

Visitors at, must report to superintendent of public instruction 10 l« 

Schools — STATi; Normal at Ellensburgh: 

Shall be established and designated 1 

Site for, by whom selected - 

Who are eligible to membership.... 1^ 

Competitive examinations 11 

Qualifications, age, moral character 12 

Applicants must sign declaration 1- 

Applicants from other states, admission of 1'5 

Principal of, his duties 1'"' 

School Districts: 

Term explained, how designated, all districts legalized 1>! 

New districts, how organized, notices, appeals li' IS 

Boundaries changed, how, appeals -'^ 18 

Boundaries harmonized, record of kept by commissioners 11 W 

New districts entitled to money, when 21 19 

Organization ceases and determines, when : 21 19 

New district entitled to division of funds of old, when 22 19 

New district entitled to special tax -- -0 

Districts not entitled to funds, when -3 -0 

Districts shall forfeit 25 per cent, of funds, when 23 20 

Shall forfeit all funds, when 21 20 

Must maintain school three months 80 38 

May issue bonds *1 ''2 

*Amended. See p. .57. 

School Districts— Graded in Cities and Towns: 

Population of ''-^ -^-^ 

Shall adopt graded system 64 :35 

Directors may elect city superintendent ')5 3(i 

Officers of, when two districts are united, may appoint clerk 66 30 

District shall be entitled to school money 68 ?,6 

Penalty for failure to organize 68 3li 

Shall maintain school six months 80 :38 

School Districts — In Cities of 10,000 or More: 

May include territory adjacent to city 1 12 

How designated and known 1 42 

Shall be body corporate 1 ^ 

Property of districts united by this act shall vest in new district 1 13 

Directors shall have control of all property 1 13 

Districts shall not be entitled to funds raised by county tax 32 51 

School Elections: ( See Elections — School.) 



18 



134 INDEX. 

School Funds: sec. page. 

How apportioned by county superintendent 11 14 

Not apportioned to districts failing to have scliool 24 20 

School Funds — State .Peemanent: 

How apportioned 3 7 

Derived from what sources 50 29 

Losses to shall be funded by state 51 30 

School Laws: 

By whom and to whom distributed 3 7 

School Meeting: 

Penalty for disturbance of 87 40 

School Month: 

Shall consist of what 40 27 

School Officers: 

May administer oaths in certain cases 56 33 

Shall deliver public property to successor 69 36 

Shall take oath of office — may administer oath 70 37 

SECRETARY OF STATE: 

Shall select site for state normal school at Blleusburgh 2 65 

Secretary — State Board of Education: 

Elected by board 8 11 

Shall keep record of proceedings of board 8 11 

Shall file certified copy with superintendent of public instruction 8 11 

Secretary- City Board of Education: 

Shall not be member of board 7 45 

Salary of 7 45 

May be removed 7 45 

Duties of 11 45 

Shall give bond and take oath 12 45 

Shall make report of transactions, etc -. 12 45 

Shall take census — may appoint census marshal 20 48 

Secretary Board of Trustees — Cheney Normal School: 

Shall keep record of proceedings 3 61 

Specialists: 

Need not pass examination 85 40 

Superintendent — City : 

Shall be elected by a viva voce vote S 45 

Compensation of, fixed by board of education 19 47 

Superintendent — County : 

Election, terms of office, vacancy 10 12 

Shall take oath and give bond 10 12 

May appoint deputy 10 12 

Shall exercise supervision over schools 11 12 

Shall visit schools, distribute blanks, laws, etc 11 12 

Shall enforce course of study 11 13 

Shall keep record of official acts, preserve reports, etc 11 13 

Shall administer oaths 11 13 

Shall revoke certificates 11 13 

Shall keep record of persons examinee!, retain manuscript, etc U 13 

Shall make annual report, etc 11 13 

Shall keep record of district boundaries 11 14 

Shall appoint district officers 11 14 

Shall apportion school funds, how •. 11 14 

Shall apportion school funds to union districts 63 35 

Shall appoint assistant examiners, etc 11 14 

Shall give notice of examination 11 15 

Shall endorse certificates 12 15 

Shall keep office at county seat 14 16 

Shall make reports to superintendent of public instruction, etc., penalty 

for failure 15 16 



INDEX. 



135 



Superintendent — County — Continued: sec. 

Allowed per diem and mileage 17 

Shall form new districts, how 19 

Shall change boundaries 20 

Shall apportion funds of old district to new, when 22 

Shall deduct 25 per cent, of funds, when 23 

Shall appoint directors, when 2.5 

Shall decide cases appealed from board of dirictors ;S 

Shall appoint clerk to fill vacancy ,^ .38 

Shall hold institute in certain counties 72 

May hold institute in certain counties 73 

Shall keep account of expenses of institute, etc 76 

Shall see that fines, penalties, etc., are paid, and shall report to the coun- 
ty commissioners H9 

Shall forbid payment of warrants to certain districts 90 

Penalty for failure to enforce teaching of hygiene 91 

Shall preserve certificate of election .5 

Shall examine accounts of city districts 18 

Shall report financial condition of, to county commissioners IS 

Shall report defective youth to county commissioners, when 2 

Shall report defective youth to director of Washington school for 2 

Penalty for failure to report defective youth 5 

Shall hold competitive examinations 11 

May discriminate in favor of certain candidates 11 

To furnish letters of recommendation 12 

Superintendent of Public Instruction: 

Election of, tenure of office 

To have general supervision of schools, etc 

Traveling expenses, postage, etc., how paid 

1 To report to governor biennially, what 

To distribute reports, blanks, etc 3 

To distribute examination questions 

To travel in different couniies 

To have laws printed, and distribute the same 

Shall be president of the board of education 

Shall call convention of county superintendents, when 

Shall apportion state school fund, how 

Shall require reports from private schools 

Shall have office at capital 4 

Shall keep seal and certify to records 4 

Shall keep records of board of education 4 

Shall decide points of law, etc., on appeal 4 

May employ clerk .5 

Shall advertise for proposals to supply text-books 8 

Shall give notice of opening of Cheney normal school , 7 

Shall select site for state normal school at Ellensburgh 2 

Shall be executive agent and secretary of board of trustees of 14 

Shall visit normal at EUensburg 14 

Shall expend money apportioned for 14 

Superior Judge: 

May remove orphans 83 

Taxe.s: 

In old district shall lie against new, when 21 

New district entitled to its portion of special tax 22 

Taxes— County School: 

Annual tax in each county, maximum, minimum 52 

Annual tax shall not lie against cities of 10,000 or more 32 

Taxes — In Cities of 10,000 or More: 

Shall be levied by county commissioners :30 

Shall be determined by vote in certain cases 30 

Shall not exceed 1 per cent 31 



PAGE. 

17 
18 
10 
19 
20 
21 
23 
2't 
38 



136 INDEX. 



Taxes — Special: (See Elections.) sec. page. 

Teachers: 

Who are qualifled teachers 37 . 26 

■ Shall report to county superintendent at time of making contract, what, 38 26 

Shall report at close of term, and close of school year 38 26 

Shall file copy with clerk of district before warrant can issue 38 26 

Grade teachers may report to yirincipal or city superintendent 38 27 

Shall keep register, enforce course of study, etc.— penalty for failure " 39 27 

Shall not be employed without holder of certificate 39 27 

Shall not be required to teach on liolidays, etc ,. 40 27 

Shall maintain order, etc., when 41 27 

May suspend pupils and report case 41 27 

Shall teach morality, patriotism, etc 42 28 

Shall not maltreat pupils, penalty for 43 28 

May dismiss primary pupils 46 2'J 

Shall be excluded from. school, when 47 29 

Must attend institute 72 38 

Shall be entitled to pay while attending institute 75 38 

Shall forfeit certificate for non-attendance 77 38 

Shall be exempt from abuse or maltreatment 86 39 

May be admitted to state normal school at Ellensburgh, who 11 67 

Teachers' Institute: 

Must be held in certain counties.....' 72 38 

May be held in certain counties 73 38 

Length of session 74 38 

Expen.?e of 76 38 

All teachers must attend 77 38 

Text-Books: 

How adopted, how often clranged 8 9 

Penalty for refusal to use 23 20 

Must remain in use for five years 79 38 

Cities may adopt additional text-books : 19 47 

Treasurer — Count Y : 

Shall collect school funds 52 .30 

Shall collect special tax 53 31 

Sliall hold school funds as special deposit 71 37 

Shall notify county superinteudent of amount of funds on hand 71 37 

Shall pay money on warrant of directors 71 37 

Shall make annual financial report to county superintendent 71 37 

Shall receive fines, etc 89 40 

Shall advertise sale of bonds .' 3 •53 

Shall register bonds 3 53 

Shall canvass bids for bonds 4 .54 

Shall deliver bonds to purchaser and receive proceeds 4 54 

Shall levy tax to pay bonds, when 5 54 

Must pay interest on bonds, when due, and report to directors 6 55 

Shall notify holders of bonds of time and place of redemption 9 56 

Shall publish notice, pay and cancel bonds 11 56 

Shall deliver canceled bonds to directors 11 57 

Shall be ex officio treasurer of boards of education in city districts 15 46 

Shall submit statement to secretary of, when 15 46 

Trustees- Boards of — For State Normal at Cheney: 

Shall consist of five members — tenure of office 3 61 

Shall elect president and secretary 3 61 

Meetings of, when held 4 61 

Appointment of teachers, etc 5 62 

Board may let contracts 6 62 

Shall have charge of buildings, etc 6 62 

Shall make rules for the admission of students 8 63 

Compensation of members, how paid 13 64 



INDEX. 137 

Trustees — Board op — For State Normal at Cheney — Continued: sec. page. 

Board shall control all fuuds 14 64 

Clerk of shall report to governor Ki Go 

Board shall require no religious test 17 05 

Trustees — Board of — To Select Site for State Normal at Ellensburgh: 

Shall consist of whom 2 IJ5 

Shall select site, when 2 05 

Shall receive and hold conveyance of land ?, 66 

Trustees — Board of — To Manage State Normal at Ellensburgh: 

Shall consist of whom 4 60 

Shall have power to expend money, etc 5 66 

Shall have power to elect principal, etc 06 

Shall prescribe course of study, and issue certificates and diplomas 7 66 

Shall prescribe text-books 8 66 

Shall establish and maintain training-school 9 66 

Shall make rules for government of boarding-house 10 6(> 

Shall determine number of pupils to be admitted 11 67 

Shall liold board meetings, regular, special 16 68 

N'iCE President — Board or Education — City: 

Elected, when , 7 45 

Duties of 10 45 



LIBRARY OF CONGRESS 



019 748 514 



